To Quit Your Job With Good Cause to Collect Unemployment

When I think about all the reasons I've heard, one of which might of made you quit your job,  it's possible to find me personally empathizing with the person due to the working experiences we sometimes tolerate as at-will employees.

But, I'm not the party who gets in the last word about whether you will be allowed to collect unemployment benefits.  However,  I might be able to redirect, improve, or help you think more clearly about the choice of words you use to tell your story to the unemployment department.


In a nutshell, my tip to all voluntary quitters of the United States who choose to file a cllaim is to not forget it's you who must be cognizant of  unavoidable facts about how unemployment benefits work when you choose to quit a job, of your own volition.

Unemployment's Burden is Yours, When You Quit a Job

When an employee voluntarily quits their job, they have exercised a right, all at-will employees have in this country. 

But, when they file an unemployment claim, voluntary takes on a whole new meaning, in that you just accepted voluntarily, the burden of proving your reason for quitting was with good cause connected to the fault of the work, or the employer.

So, I have a few points to make about that and the common question, "Can I collect unemployment if I quit my job?"

1. Know you can expect to be the party assigned the burden to prove good cause because you moved first. (If you quit in lieu of a discharge, you're on the wrong page.)

2. Proving good cause may at times, literally be all talk, but it's usually called testimony at a tribunal (first level appeal) unemployment appeal hearing where you are expected to meet, or sustain your burden to prove good cause as being attributable to the fault of the work, or the employer in some way.

3. Documentation - When I've been asked to help, I explain why documentation is the key that has the power to weight testimony.

Relevant documentation of course, corroborates focused spoken words, but also makes the whole story, vs. any told by an involved employer, more believable, therefore the credible story told at an unemployment appeal hearing, turning your words into the accepted facts, now on the record .. which of course becomes the subject of appealing to a higher authority called a board of review.

Let's ask DOLETA for a general explanation of what you need to consider about good cause to voluntarily quit a job..  before I attempt to explain what I think is left out.

Good Cause for Voluntarily Leaving—In all states, individuals who leave their work voluntarily must have good cause if they are not to be disqualified.

In many states, good cause is explicitly restricted to good cause connected with the work, attributable to the employer, or involving fault on the part of the employer. However, in a state where good cause is not explicitly linked to the work, the state may interpret its law to include good personal cause or it may limit it to good cause related to work. Since a state law limiting good cause to the work is more restrictive, it may contain specific exceptions that are not necessary in states recognizing good personal cause. (For example, an explicit provision not disqualifying an individual who quits to accompany a spouse to a new job might not be necessary in a state that recognizes good personal cause; it would be necessary in a state restricting good cause to that related to the work.) 

Maybe the questions about quitting a job should be more closely related to how, and even if it's possible, a voluntary quit was the employer's fault, even if the state unemployment law doesn't require fault as being attributable to the work, or employer. 

My intent is not to scare the bejeebers out of anyone, but to inform anyone who thinks they may have good cause that receiving unemployment benefits the burden forces us to preconceive our limitations .. maybe even more necessary for us, than the employer hell bent on discharging an employee for something other than work related misconduct. 

Here's an example:  A carefully phrased document .. such as the glowing voluntary resignation letter you wrote to be eligible for rehire with no mention that the real reason was .. otherwise, the employer was going to fire me for something other than work misconduct. 

I told you .. you were on the wrong page, for at least unemployment benefits.


Home