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Can I collect unemployment benefits...
(Note: General information about eligibility for unemployment benefits.)
... if I quit my job?
Answer: Probably not, and that's only fair. Unemployment benefits are for people who can't find work, not for people who don't want to work.
HOWEVER
An informant at the at the New York State Department of Labor tells me that -- in New York at least -- there are cases in which you may receive benefits even if you quit or resign from your job. The reasons for this:
- People can't be reasonably asked to work under abusive conditions.
- Some employers try to "game the system" by giving employees the option of quitting rather than being laid off or by simply making conditions so intolerable that the un-needed employee quits. They do this to avoid paying benefits.
- Some employers lie and say you quit when you were let go. (By the way, this cuts both ways -- don't lie! It can get you in trouble. Besides, even if you quit, you may still be eligible. Why do employers lie? Because it costs them money when you collect, of course!)
Apparently, these employers are strongly disliked at DoL as they tend to create a lot of headaches. That works in your favor as a benefits claimant.
Apply for benefits if:
- You can document that you worked in an abusive environment -- it's helpful if some of your former co-workers will back you up anonymously by affidavit (write it for them and just have them sign it).
- You were given the option of being terminated/laid off or resigning voluntarily. They can't do this, and DoL hates it when they do.
- You resigned because your employer was engaged in shady/illegal business practices. (You might even be able to make some money by collecting a bounty by turning them in in this case. Make sure to have documentation.)
If your employer lays you off but lies, saying that you quit, definitely fight it. You can win this one. As I said, DoL is none too sympathetic to employers who lie and cause headaches for them.
I hope that helps someone.
- Unemployment Topics:
- chuck's blog
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