Unemployment Insurance Benefits when You Quit a Job

Most people know unemployment insurance benefits are available to most U.S. workers when they are laid off or fired without cause from a job. But what if you are fired with cause or you quit your job? Can you get unemployment insurance if you quit?

When I worked in human resources, we had some of the most interesting claims for unemployment, from people who had only worked for a few days or weeks before they quit and then filed a claim.

There are some legitimate reasons why a person can file for unemployment, though,

Early Retirement or Mutual Severance

According to the Department of Labor, one of the reasons you can file for unemployment when you resign or quit your job is if the company would normally have laid you off, but instead, offered you an early retirement or severance package if you were to resign instead.

In instances such as this, your severance or retirement might not be enough to cover the salary you were making, so you are eligible to apply for and seek approval for unemployment benefits for the difference you will lose.

Trauma or Threat

If you suffered a trauma or were physically threatened or injured on the job due to negligence, and the trauma or threat is such that it is uncomfortable or unsafe for you in your current condition to return to work, you might be eligible for unemployment benefits if you quit. Each case would be handled individually and the burden of proof would be different for each person, job and location.

Hostile Workplace

If you can prove a hostile workplace and show proof you tried to report and work through your employer's system to alleviate the hostile workplace but it was not changed, under some circumstances, you can be eligible for unemployment benefits if you quit your job. What constitutes a hostile workplace will vary from employer to employer and from state to state, so be sure you speak to legal counsel before using this as a defense for your unemployment benefits application.

Natural Disaster or Involuntary Displacement

Sometimes, in the event of a natural disaster where you have lost your home or other involuntary displacement that requires you to quit your job, you might be eligible for unemployment. Some battered spouses have been able to apply for and receive unemployment benefits when they had to quit a job because their partner or spouse was abusive and it would be unsafe to continue working at that location. Each state is slightly different on the involuntary displacement and natural disaster job-loss laws, so know your rules before applying for unemployment benefits.

Other Unemployment When Quitting a Job Reasons

There might be other reasons in your state for receiving unemployment when you quit your job. Only the unemployment insurance commission or agency in your area can tell you for sure. The Workforce Commission in your are might be able to give you advice, or you can retain legal counsel. There are attorneys who work with laborers to assist with gaining unemployment benefits when they are due.

There's no reason to do without benefits when you are legally entitled to them, sometimes even when you have to quit a job. Good luck with your unemployment benefits claim.