Employment Law

I have been actively seeking other employment for the past…

Customer Question
I have been actively seeking...
I have been actively seeking other employment for the past 3 months and would like to quit my job, my paychecks are inconsistent and late, and today I found out that my health insurance was cancelled 2 months ago and it has been deducted from my paycheck all this time. Can I quite and file for ... Read full answer
I have been actively seeking other employment for the past 3 months and would like to quit my job, my paychecks are inconsistent and late, and today I found out that my health insurance was cancelled 2 months ago and it has been deducted from my paycheck all this time. Can I quite and file for unemployment due to the circumstances?
Submitted: 10 years ago.Category: Employment Law
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Answered in 5 minutes by:
12/18/2008
Employment Lawyer: Roger, Lawyer replied 10 years ago
Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 32,238
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
If you quit, you're leaving the job voluntarily, you may not be eligible for unemployment. Your eligibility depends on why you quit.

You may be eligible if you quit because of problems related to your job. These reasons may include:

Unsafe working conditions;

A job which is damaging to your health (with medical proof). The job must either cause your illness or make your medical condition worse;

A change in working conditions that is harmful to you. For example, you may be asked to work longer hours, take a reduction in pay, or have to do very different job duties.

Your employer broke your original contract. For example, your employer did not give you a pay increase that was promised in your contract.

You may NOT get unemployment compensation if you quit your job because of a health condition not caused by the job. For example, if you had a heart attack off the job that prevents you from doing your job, you may be unable to get unemployment benefits.

Good cause does NOT include quitting because you did not like being criticized by your employer (except where there is an excessive pattern of verbal abuse that a responsible person would find offensive), quitting because you did not get a raise you asked for but had not been promised, or quitting because you lost child care for your children.

It is possible that under your circumstances, you would still qualify even though you quit.

Your best option is to file for benefits and see what happens. The worst thing is that you'll be denied. However, you don't know until you apply.


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Customer reply replied 10 years ago

I have taken 3 paycuts since I started this job 2 years ago. Does that increase my chances of collecting unemployement if I quite?

Employment Lawyer: Roger, Lawyer replied 10 years ago
I think so. Anything you can point to that shows you left more out of necessity than just making the decision without cause helps your position.
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Customer reply replied 10 years ago
Is there any way to find out for sure before I quite? I don't want to be without a paycheck (even if it is less and late) and no unemployment either. I can't afford to quite and take my chances
Employment Lawyer: Roger, Lawyer replied 10 years ago
Your best bet is to contact your state's unemployment office and just ask.
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Customer reply replied 10 years ago
Ok, thanks
Employment Lawyer: Roger, Lawyer replied 10 years ago
No problem.
Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 32,238
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Employment Law Specialists are ready to help you
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