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I Quit Due to Domestic Violence (Resources to determine if your state will allow unemployment benefits)

by Andrea
(FL Unemployment Benefits)

I am in Florida, they denied my initial claim. I did some research and it seems like there is a loophole, but I have to appeal and come up with a document proving I was treated or counceled for the violence. Although there was not physical abuse this time, only violent behavior, etc... I did consult my pastor, so I could have him write a letter. It was one of the documents listed as approved proof. Any other suggestions?




Answer For: I Quit Due to Domestic Violence



Hi Andrea,
First, I know it took courage.

If you found information that makes your case possible in FL .. I would think they added something to their law recently or, as the case in FL often is .. a precedent interpreted good cause exists under some other part of the law.

FL requires a quit be attributable to the employment so when there is an exception .. it's either a provision in the UI law or a precedent decision which interpreted some section of law to mean that good cause can exist under it.

If you can provide a link to that loophole info .. I'd appreciate it. FL isn't very good at documenting interpretive resources for the public.

My suggestion, if possible, is to ask your pastor to also appear as a witness at the hearing.

That's what gives weight to the written statement. Testimony is what causes a document to weigh more and tip the scale as to the credibility it should be given .. so to speak.

And since I'm certain there are many women in similar situations feeling like they need to quit to get away from an abuser, they should know if there state may allow benefits for this type of voluntary quit, but
understand that the situation itself does not release you from proving the burden of having good cause, under the law, to quit a job.

It's usually a matter of a specific provision and/or the lack of the requirement that a quit be attributable to the employment (See Table 5-1).

Unfortunately, the USDOL does not consider a quit due to domestic violence a common good cause provision (Table 5-2) worthy of it's own heading.

And there were a lot of changes in state UI laws on this front in 2009. These changes can be most readily accessed by reading what modernization changes to the unemployment laws states made to receive incentive payments from the stimulus funds.

Someone from NC left a comment yesterday about appealing to the board over an unfavorable decision regarding quitting due to compelling family reasons.

She had spoken with an attorney and after she related what happened at the first appeal hearing he told her her she should have argued the law .. not the facts.

I say, argue the facts, but do that in a way that they fit under the law.

A major problem with getting unemployment is that many states allow you to go to that first hearing without the knowledge of how the laws have been interpreted.

And that is done through precedent decisions.

It's by having access to the same precedents the department has to pay attention to when presenting their reasoning for allowing or denying unemployment benefits that we can begin to see how unemployment really works.

That would be legalistically. And never more so that when you get to that first unemployment appeal hearing.

Here's another resource. Although not current since it was published in 2008.

Unemployment after quitting due to domestic violence.

Good luck to you.

Chris

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