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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Can I collect unemployment if I quit my job due to domestic

Customer Question

Can I collect unemployment if I quit my job due to domestic violence?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

How exactly did the domestic violence relate to you needing to quit your job? Did you work with the perpetrator of this violence? I very much look forward to helping you on this matter.

Customer: replied 3 months ago.
I needed my 401k to pay for my legal fees in a highly contested divorce. After 20 years of marriage I discovered my husband Watches child porn. I have a 13 and 15 year old daughter I had to get sole custody of. My ex is under investigation.
Expert:  Patrick, Esq. replied 3 months ago.

Thank you. ***** am not following, but how did this necessitate that you quit your job? Generally, 401ks can be accessed or at least borrowed against without quitting your employment. Can you clarify?

Customer: replied 3 months ago.
I cld not borrow against what was in there. Only way to access it was by quiting. Between my legal fees & expert I spent over 40,000
Customer: replied 3 months ago.
He was also abusive to me physically & verbally
Customer: replied 3 months ago.
38; to the girls
Expert:  Patrick, Esq. replied 3 months ago.

Thank you. You can certainly apply for benefits. There is no penalty for applying and being denied, provided you supply truthful information. You will face an uphill battle, though. You will have to demonstrate that no reasonable person genuinely desirous of remaining employed would have done so under the circumstances. This is a difficult standard to meet. I understand your reasons for quitting, but you will have to show that you investigated all alternatives, such as getting private loans, using credit cards, borrowing against the 401k, etc. I have never heard of a 401k that can't be borrowed against, so this in particular might be very hard to establish, especially if you don't have documentation supporting your efforts to apply for such a loan and being denied.

I wish I could provide better, but you deserve and honest and realistic answer to your question. If there is anything else I can do, please let me know.

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