Search This Site.

WA State - What Documentation or Proof Do They Ask For If You Quit For Another Job and That Job Doesn't Materialize?

(Washington State)

Thank you for your website , I tried searching for the same subject but think mine is a little different and twisted.

I got a job offer from a previous job I had - they were willing to match my current salary . The reason was one of their employees was moving on to a different job. I gave my employer one month notice and left on good terms.

Well, the new job offer didn't happen because the employee returned so they couldn't give me a job, that left me without a job. My previous employer already hired someone to replace me. It's a small company , they can't afford to have me back.

On top of that , I found out my previous employer (the one I quit) was probably not paying employee taxes and reporting employee hours. I found this out when I went to file my tax return and it was rejected due to the employer having an invalid EIN. I also spoke to a few former employees that said they didn't receive a proper W-2 from the employer. Now I'm wondering if taxes were ever paid for me to even file for unemployment and if they were - if I qualify for benefits because it seems I do fall under one of the reasons for voluntary quit under Washington state.

My question is, once I file my unemployment claim , what do they usually ask regarding the bona fide job offer that didn't materialize? A statement ? A letter ?

you for any help.

Good Cause For Quitting One Job For Another

Finding and then assuring one has good cause to quit and collect unemployment, is for me, a lot like peeling an onion.

So .. that the USDOL Chartbook below says in the footnotes that it's possible to have good cause if you quit for new work covered by unemployment insurance .. isn't enough to make me celebrate for you yet.

The question about unemployment benefits when quitting one job for another is whether there even can be good cause .. state by state.

Table 5-2 should explain the attitude of states vary .. but if the state provides for the possibility of good cause to exist for what is a personal reason to quit .. it's still rarely, that easy to actually get the benefits.

When good cause to quit to accept other work, is a possibility .. it's then time to check what the law says .. in this case, I found RCW 50.20.050(2)(b)(i) in Washington State

So . it's possible to quit to take a new job in Washington as long as the new job is covered by unemployment insurance.

Now, to finally answer your question, I don't know what, or if anyone is going to asks you for specific documentation, but here's why I do know they will expect you to demonstrate an offer was made and some other conditions you'll need to consider .. to of had good cause when you quit .. not after the new job fell through.

Comments for WA State - What Documentation or Proof Do They Ask For If You Quit For Another Job and That Job Doesn't Materialize?

Average Rating starstarstarstarstar

Click here to add your own comments

May 15, 2017
Which Employer Would Be Charged For Any Benefits Paid
by: Chris -

Apologies now, but your last question goes to the heart of why most all states insist that attribution of fault goes to an employer. It's not always the employer that can be said to be at fault for why a person quit .. or doesn't have a job now .. that gets charged for the benefits that may be paid.

Whether a state requires fault to be attributable to an employer, or allows for good personal cause when life interferes with the best laid plans and the ability to collect unemployment beyond the scope of what an employer can be blamed for, the state has to look for fault and/or avoidable circumstances that may prevent a claimant from collecting.

The last, or most recent job is not always going to be a chargeable base period employer, so most states, if finding that last separation eligible for benefits, also look at separation causes from BP employers.

Reason being, it's usually the last base period employment a state may still need to impose any affects of a non-monetary disqualification for that employer to not be charged for something beyond it's own ability to control .. about your unemployment claim.

In effect both misconduct and voluntary quit disqualifications are what force a person back to find bona fide work to earn new wages, before the person can requalify to begin receive benefits, should a qualifying separation occur again from a new job.

In general disqualifications are served, purged, or lifted before someone can requalify with a new or reopened unemployment claim.

(The terms of Washington State's VQ disqualification can be found in that USDOL chartbook I linked to above.)

A claimant, when they do quit with good cause, often quit without proof of good cause. In other words they quit for a good reason, but are unable to meet the burden of proving fact to the satisfaction of UI law, or the regulations controlling conceptual arguments of good cause..

Even with an offer letter, one can see there's still room for any chargeable employer to argue you lacked good enough cause to quit .. because an employer's primary concern about anyone collecting benefits is their SUTA (state unemployment tax account) experiencing a tax hike when someone quits, gets fired, or a new employer doesn't follow through on an offer of work.

For the average employer to have a good reason not to fight benefits regardless of cause of separation .. they would need a state unemployment law to provide a non-charging provision to use to argue why they should not be charged for any of your benefits. And yes, state's do erroneously charge employers for benefits that should be coming out of the general fund all employers in a state must contribute to .. other than what rate is being charged to their SUTA.

You may have reason to hope your employer doesn't respond given you're speculating the chargeable employer, your last, most recent employer you quit doesn't respond. You say you think they haven't been paying withholding taxes .. which could translate they might not of been paying unemployment taxes on your wages also, but I for one, wouldn't assume that to be a fact now, although I might of investigated as an employee by following up with a wage complaint that might of ended with good cause to quit.

Passive employers who don't respond to claims (some states require this, or an employer loses appeal rights) or don't appeal when benefits are allowed, just weren't common to my unemployment insurance experience.

What was common .. employers who fight benefits whether right, wrong, indifferent and much less commonly .. to dumb to know intentionally not paying withholding taxes or unemployment taxes on wages, can be what kills a business faster and with more long term repercussions .. than being charged for unemployment benefits .. even if they can't rebut effectively why an employee who quit to accept other work that fell through due to the fault of a new employer that never became a chargeable employer of the claimant.

To better Meet, or rebut the burden in unemployment law .. I don't see things as a one sided argument, but think of positioning .. to the burden, to make a better argument.

I believe there must be enough awareness of how the issue of law is impacted by the application of law, to see your own argument, from the counter point of view, because that's can reveal weakness in the moving party's burden .. to exploit .. when rebutting, or plug up when proving.

May 15, 2017
by: Anonymous

Thank you Chris- I am filing my claim tomorrow and I'll have to post back the results. I think it will ultimately lie with claim rep and hopefully my previous employer doesn't respond at all. But does the unemployment goes against the previous employer or the new employer?

Click here to add your own comments

Tell us your unemployment story! It's easy to do. How? Simply click here to return to Employees Working Smarter.

} }