Understanding Unemployment Insurance and “Can I Get Unemployment If I Quit My Job?”
I have seen the same question asked two different places in the last 24 hours, which often is the inspiration for me to write a blog. With over 3 million unemployment claims in the last month, the system is getting overwhelmed. This is to help answer provide some education on how unemployment works at a basic level.
The point of unemployment insurance (UI) is to help workers that have been displaced professionally through no fault of their own. Employers are all legally required to pay unemployment taxes
When a business terminates an employee for any reason other than for cause (generally misconduct of some sort), the employee should be eligible for unemployment. If you feel you were terminated unfairly, you can contest the decision (see below regarding documentation).
UI is managed at the state level, so each state may have varying requirements. If an employer meets certain criteria and they know they will be terminating employees (either full on job elimination, reduction in force [RIF], or furlough), they file a motion with their state unemployment bureau. It is important to note that severance packages in the case of RIF are NOT legally required to be provided. If you are impacted by any of these actions, you should immediately file a UI claim with your state unemployment office. Usually you can do this either via telephone or online; you will need some documentation to open your claim including your last paid day of work.
The specific question that has sparked this post is “how do I file for unemployment if I quit my job?”
First of all, you must understand that if you voluntarily leave your job, your UI claim will likely be denied unless you can prove extenuating circumstances. Potential examples could be harassment, hostile work environment, or unsafe working conditions. Any claim under these circumstances (or if you are contesting a termination with cause) will require you to provide documentation. This would include:
· Email or your employee copies of HR files; if the issue is hostile work environment or harassment, you will likely need to prove that you tried to resolve the issue with your employer/union rep before you left of your own volition.
· Affidavits from co-workers verifying that the environment was such that you could no longer work there.
· A detailed list of times, situations, parties involved if you are trying to prove a pattern.
· If you are claiming an unsafe work environment, you should provide photos or OSHA citations. You should also talk to your primary care physician or counselor and ask them for a letter confirming that the conditions were unsafe for you.
· Copies of any complaints you made to regulatory commissions/bodies reporting the conditions.
Many years ago, I was terminated for a specious “cause”. I was getting ready to file a complaint with HR when my manager decided to terminate me. I had kept all the emails and documentation showing what the conditions were, including notations of times/dates/conversations I had with my peers. After my contest was reviewed, I was awarded UI until I found another job.
Here is a good link with information about filing or UI if you do end up quitting your job: https://bit.ly/2xXG2jW
If you are unsure how to proceed, your best bet is to consult a labor/unemployment attorney. You should be able to find one via your state Bar Association directory.
