Unemployment Eligibility after Quitting

Quitting your job may still make you eligible for unemployment benefits; you just may have to do a little more "work" to justify receiving the benefits. There are definitely reasons you will NOT receive unemployment benefits if you quit however, so you should be aware of them. If you agree you quit and your reason was one of the following then you will likely not get benefits: you:

• Felt like it;
• Didn’t like the hours;
• Didn’t like the co-workers or the customers; or
• Didn’t like the pay.

There are eligibility requirements for receiving unemployment compensation of which you should also be aware. Your willingness to take any job that is offered or comes along that is reasonable is the criteria. The reasonableness is the point in question though. The issue is usually in the difference between what you were making before losing your job and what the offer is; for example, if your income was at the six figure level and the job you’re offered or find is for minimum wage, then benefits won’t be lost for not taking that job.

When Quitting your Job still Entitles you to Benefits

The situations where quitting a job can still allow you to receive unemployment benefits give you consideration for the conditions under which you were working. Those situations are:

• You are forced to work half time by your employer or your pay is dramatically reduced
• You become affected by a medical condition and cannot perform the work at the same job as before
• You have to work in a hostile environment in situations that involve discrimination, repeated sexual Harassment or where you are actually threatened with harm
• You are forced to be exposed to hazardous or otherwise dangerous work conditions

In many states, employers pay into an unemployment insurance fund that is saved off for use to handle unemployment claims. Some employers would rather not be recognized by the state for situations that involve disagreements over whether an employee quit or was fired. So your claim for unemployment benefits may not be contested, particularly if your reason for quitting has some merit. Others don’t want to be blamed for causing someone to have to be awarded the benefits under these circumstances. If the employer contests your claim for unemployment benefits then the resolution is usually through a hearing before a judge or through some other resolution process.

Hiring an Attorney for the Hearing

Unless there is a strong contention by the employer or a highly inflammatory environment, you may be able to get by without having an attorney at the hearing and represent yourself. In this situation, you will be depending on the judge and the fairness with which he will review the facts. If the situation warrants it because the employer is being rather difficult and you may have a case in the future against your employer and sue them for reasons surrounding the incidents of your contentions that caused you to quit, you may want an attorney to represent you in front of the judge at the hearing.

• If you need help with an unemployment problem, click here for a Free Case Review from a local Employment Lawyer. The content of this site is provided for informational purposes only, and should not be construed as legal advice. Always seek competent legal counsel for any legal questions.