Can you quit a job & still get unemployment?
Asked by mysticrose
I was a full time bookkeeper for 5 years then my boss hired a receiving person who has been there for 2 years who doesn't like me. My boss lets her do what she wants & now has cut me back part time. He took my vacation & sick time. She got to keep hers. I was also the Office Manager til she came then he took that position away cause she wouldn't do what I told her to do. He has been giving my bookkeeping work to her & the Inventory girl who has been then since Nov 05. I trained both of these girls. My questions is: If I quit my job are these good grounds to still be able to draw unemployment? There's alot more to this story about my employer who nobody likes to work for but we all need $$$. A lawyers advice would be great.

Best Answer:
Can you quit a job & still get unemployment? ...................YES......................................... very rarely but there are circumstances that mitigate a person having no choice but to quit and in those cases you can(if you qualify) draw unemployment. there is absolutely no state that has any ruling that states if you QUIT you can not draw benefits. every case of unemployment is judged on it's merits and until you file and the employer responds and the determination is made there is no way to know the outcome for sure. one of the many determining factors is if you lose your job through no fault of your own. if your actions or lack of actions cause you to be seperated from your employment then you won't qualify. there are numerous other factors that go into determining if you qualify as well not just why you lost the job. it is always better to seek employment while employed and tends to be much easier. the reasons you have stated may get you unemployment but probably not. the reasons you mention could easily be attributed to job performance so unless you have something that just makes working impossible try to find other employment. this is assumiong you have sat down and discussed with your employer your feelings and concerns. i made that assumption knowing full well that you should never assume anything......................... if you have not had a lengthy, open and honest discussion with your employer then that is what you need to do first. the only thing certain about unemployment insurance is nothing is certain until you file and go through the appeal process.

probably not.. i would call the local unemployment office... but you almost always have to be fired or separated without cause...
Answered by Greshnab

Try to find a job while still getting paid. There will be something out there for you. If you really hate your boss, then you really do not want to work there anyway. You will not receive unemployment if you quit, but if you put your two weeks notice in and he lets you go early, unemployment can be claimed. If he fires you, you can get unemployment. However, if you quit, you are on your own. My advice: Find another job, put your two weeks in, and get out of there.
Answered by ezd

No, you can't apply for unemployment if you quit, because you are consider ineligible due to the fact that you quit. What you can do is miss a couple days here and there, then show up late a few times this would get you fire if you want to use this route. My advice is to find a different job while you are there.
Answered by Spitzer!

Check out this website www.ajb.com and look for other work to do. Who says you have to stay with same lousy employer year in year out? Temp agencies may need you to. Like www.appleone.com or www.kellyservices.com See them listed in your yellowpage book. You quit you lose unemployment. Expect to be punished. Like have to wait 12 weeks plus earn your regular weekly pay for each of 12 weeks no combining weeks.
Answered by 1980's

under some circumstances such as an illness or maybe an at risk pregnancy, I do believe you can still collect, but just plain quitting cause you don't like your boss or his choice in who he promotes...I'd have to say that's a big "NO"...but you can still contact your local unemployment agency and get that answer for yourself.
Answered by Tracy B

if you quit - you can file for unemployment but........ the first thing that unemployment does is send a notice to the employer that you filed a claim - and the employer then fills out the form and sends it back - one of the questions is "why this person left?" if the answer is "quit" or "voluntary quit" or "resigned" - your unemployment will be denied - you will not be paid unemployment if you created your unemployment - now - that also means that if you create a situation whereby you get fired "for cause" (your performance was not up to par) the employer also has a right to dis-allow payment by unemployment - the next step is - once the employer responds - your unemployment office will let you know if you've been approved for payment or not - if not the form they send you will ask you if you want to "appeal" this finding - if you do - fill it out and send it back - unemployment will then schedule a hearing - you, your former employer, and a hearing officer will be present - at this hearing you will be afforded the opportunity to explain why you feel you should be entitled to collect - and your employer will be afforded an opportunity to explain why they feel you should not again - keep in mind - if you "quit" its a no win situation for you - you WILL NOT collect even if you feel you were being treated unfairly - (the only way to possibly collect would be to have hard proof that something morally wrong or illegal was going on and you left for those reasons - but you better have proof!!!) if you get fired - the employer has to prove that the termination was "justified" and that he took proper steps to attempt to rectify the situation - such as - documentation that he had given you a verbal warning - then documentation that he gave you a written warning - then documention that he gave you disciplinary time off some of this documentation can be in the form of performance reviews - or just in the form of letters - and when he gave either of them to you he should have asked you to sign them - if he did not then he really has no evidence that you ever received them ( you could for instance deny ever being warned or told you had a problem and could alledge that he fabricated the documents without your knowledge ) in any case - that is how it works now if the hearing officer denies your claim - you do have one final appeal - the case will be sent to your state's head unemployement office for review - you will not be present - your employer will not be present - the review and finding at this level is final - but - I can tell you that I don't recall "ever' seeing a hearing officer's review overturned - good luck
Answered by ranger_822nd

There are situations where you can be eligible for unemployment if you quit, but doesn't seem likely for the situation you describe. You can go ahead an apply, but don't be surprised if they turn you down.
Answered by Judy

No, you have to be fired to collect unemployment.
Answered by ~girlfriday~