Can You Collect Unemployment if You Resign From a Job?
Typically, unemployment benefits are for those who find themselves unemployed through reasons beyond their control. Resigning or quitting a job usually disqualifies you from seeking benefits from the state. The one exception is if your resignation is the result of your employer breaking state employment regulations. When you apply for benefits, if your employer contradicts your version of events, you'll have to show proof to the state labor office to receive your benefits.
Other People Are Reading
-
Quitting and Collecting Unemployment
-
In almost all cases, you can't collect unemployment if you quit your job. The reason is that unemployment eligibility requires that your loss of work be through no fault of your own. The reason you're applying for unemployment have to be attributable to someone or something other than you or something related to you. Otherwise, some unscrupulous people would quit their jobs so that they can collect benefits.
Resignation Reasons
-
The only exception to disqualification for resignation is if you resigned due to your employer breaking your state's employment laws. For example, if you quit because of unsafe work conditions, discrimination or harassment, you may be able to collect unemployment benefits if you can prove it. You should apply for benefits as normal and note the reason you quit your job.
-
Unemployment Interview Process
-
After you apply for benefits, the state labor office contacts your former employer. If he confirms that you resigned for reasons that still qualify you for unemployment benefits, you'll receive a notice of approval by mail. However, most employers won't admit to breaking any employment laws. If your former employer doesn't confirm your version of events, the state labor office will contact you to get further details on the job separation. Once the interviewer has gathered all the facts, she makes a determination and sends it to you by mail.
Appealing a Denial
-
If your unemployment benefits are denied, you have the right to appeal the decision. This may be something you want to do if you feel you can present more evidence that your resignation fits under the unemployment guidelines. You might gather witness statements who saw the laws being broken or any written communication, such as memos or emails, that back your claim. You have the right to have an attorney represent you and your case. In some states, your state labor office will offer you an advocate to help you plan out your case. Check with your state's department of labor for its appeals process.
-
