Unemployment insurance benefits provide weekly cash to assist workers whose departure from employment is by no fault of their own. An employer’s reduction in force is a common reason for collecting unemployment benefits. If you quit a job, you may not be able to claim unemployment insurance benefits because the states follow federal and state guidelines in interpreting the rules. Your state’s interpretation may narrowly construe the guidelines and deny your claim at the outset. Your most recent employer may contest your claim as well.
When you file for unemployment compensation benefits, the employment office notifies your most recent employer that you have made a claim. This employer has a right to object and appear at your compensation hearing. He may present evidence that your departure was your fault and the employment commission may deny your unemployment claim. You may present evidence that supports your claim and your state may have provisions that will allow you to recover unemployment compensation under your specific set of circumstances. The hearing officer determines whether you collect unemployment benefits. You may appeal a result not in your favor.
State requirements are often different. Michigan requires that you tell your employer the circumstances that cause you to quit. The employer must have an opportunity to fix the issue, and the reason for quitting must be one that would cause a reasonable person to leave. The employer must be at fault for you to receive unemployment benefits in Michigan. Texas requires that the employer show that work was still available when the employee left, that the employee left for personal reasons and quit before giving the employer an opportunity to fix the problem.
The employer has the burden of proving that you quit your job. You must prove that your departure was not your fault or because of anything in your control. For example, leaving your job because of safety hazards that your employer did not or cannot correct makes you eligible for benefits. You will not likely receive unemployment benefits if you quit work because you have no babysitter. Most states consider that your fault.
Even if you receive an unemployment compensation insurance award, you may not claim benefits without babysitting arrangements. Federal guidelines require that you be able to work and be available for work, with transportation and a baby sitter available. You must complete a job search and accept a suitable position if offered. The federal guidelines consider flexibility in making arrangements for transportation and childcare as showing willingness to work.