Do I Qualify for Unemployment If I Had to Quit? 

Most of the time, when you voluntarily leave your job you forfeit your eligibility for unemployment benefits. However, there are exceptions.

Like millions of Americans, if you’ve recently considered quitting your job, here’s what you need to know about your unemployment rights.

What Qualifies You for Unemployment?

First and foremost, if you lose your job through no fault of your own, you’ll qualify for unemployment.

What qualifies as no-fault job loss varies from state to state and situation to situation. If you aren’t sure whether you qualify, you can apply for benefits or contact someone at your local unemployment office. You’ll have the option of filing an appeal if the unemployment office denies your claim.

But what happens if you choose to leave your job?

Whether or not you’ll qualify for unemployment benefits varies based on your reasons for quitting. A few of the most common reasons people leave their jobs voluntarily include:

Personal or Family Reasons

This is a catch-all category that includes reasons not directly related to your job or your employer.

For example, if you prefer to be home with your family and you choose to leave your job to do so, you’ll likely not receive unemployment benefits.

However, if you quit because you cannot find affordable daycare or daycare to cover you while working the third shift, there’s a chance your claim will be approved. You might be asked to prove that your employer didn’t offer any flexible scheduling options or try to help you in any way, but it’s worth looking into unemployment if you find yourself in these circumstances.

Medical Issues

If you choose to leave your job due to medical issues of your own or a family member, there’s a good chance you’ll qualify for benefits.

However, your better option might be to utilize your FMLA (Family Medical Leave Act) benefits. This provides you with time away from your job without having to leave permanently. If you’re dealing with your medical issues, you could also be eligible for short- or long-term disability and/or social security benefits.

The best thing you can do in this case is to speak to your company’s human resources department. They’ll explain your options and help you determine the best path to take.

Discrimination

One of the most common reasons people choose to quit their jobs is because they do not like their work environment. They might love the work they do, but they don’t get along with their supervisor or co-workers.

In some cases, the situation is based enough to warrant claims of a hostile or discriminatory work environment.

There are also cases of discrimination related to a request to use FMLA. If you quit after a request for FMLA to care for a sick family member was denied, it could be a case of discrimination. The best thing you can do in this case is apply for unemployment benefits and contact an attorney about your situation.

Domestic Violence

Finally, there are situations in which domestic violence victims must quit their jobs for their safety or the safety of a loved one. Laws vary from state to state but having to quit your job to protect yourself, care for your children, or relocate due to domestic violence, you might qualify for unemployment benefits.

New York deems domestic violence issues good cause for quitting a job and receiving unemployment. You can read more about New York’s domestic violence and unemployment insurance here.

If you have questions about whether the denial of your request for unemployment benefits was warranted, we can help. For more information or to discuss your concerns, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.