Summary: Finding financial assistance in the form of unemployment benefits can be a viable option for those who have been recently fired. It is also worth considering for those that have resigned, depending on why the decision was made to quit their job. The department responsible for doling out such payments must ascertain why one left their position – whether it was due to something an employer did or due to personal safety reasons. Only thereafter can approval be given.
If you lose your job, unemployment benefits will temporarily cover a portion of your wages. Employees who have been laid off or furloughed are typically covered by insurance.
What would happen if you resigned? A good cause for quitting means that you separated from your employer for valid reasons and that the cause could not be resolved with the employer. You may still qualify for unemployment benefits if the state considers your reason for leaving “good cause.”.
While unemployment insurance laws vary by state, Americans across the country can expect the general rules to apply. In this article, we examine situations in which quitting may result in unemployment benefits.
When Can You Get Unemployment Benefits If You Resigned?
On paper, the application for Unemployment Insurance (UI) appears to be straightforward. If you wish to apply, you must meet certain basic requirements, such as the minimum residence period, minimum earnings during the base period, as well as your ability to work.
In some cases, you may need additional information to answer a question. Following are some situations in which you may receive unemployment benefits after quitting your job.
In A Constructive Discharge
In a constructive discharge, your employer “fires” you without stating that they are doing so. Suppose that your employer decides that, since they have no legal grounds to fire you, they will make your life miserable until you, in effect, resign.
In some states, you may be eligible for unemployment benefits if the resignation was involuntary.
Discrimination In The Workplace
There are many forms of discrimination in the workplace. Depending on your gender, race, culture, or disability, you may experience injustice. It is possible to apply for unemployment benefits if you are treated differently by your employer and you resign.
An example can be found below.
Maria’s employer categorically prohibited Latin Americans from earning more than a certain amount per hour. As soon as Maria (Latin American) became aware of the situation, she confronted the employer. According to her employer, that was the law, and if she disagreed with it, she was welcome to quit. Maria subsequently resigned. The department found that Maria was a victim of discrimination when she applied for unemployment benefits.
Significant Reduction In Pay/Hour
It is possible for an employer to significantly reduce your hourly wage or work hours to the point where they become unsustainable. Your new salary may not cover all of your recurring expenses. If a pay cut or a reduction in hours forces you to resign, your state department will review your claim request.
Seriously Ill Or Disabled
If you become seriously ill or disabled, you may be able to claim unemployment benefits. It may be necessary to leave work to take care of an incapacitated family member. You are not disqualified from receiving unemployment benefits if you quit in such a situation.
There may be additional help available to you if you have a disability.
Quit Your Job To Begin Another One
The fact that you have quit your job to begin another one does not disqualify you. The department will require proof that the position you hoped to take was not in doubt at the time of your resignation, however.
In this case, if you quit before finding a job, you are not eligible. Additionally, employees who leave their jobs in search of a more fulfilling position or to advance their careers are not eligible for unemployment benefits. It is possible, however, to claim unemployment benefits if you had been offered a job by a different company and were convinced that you would be a good fit only to be left hanging.
Changes In The Location Of The Workplace
If you have to work on-site and your employer moves the premises to an inaccessible location, you will still be eligible to receive unemployment benefits if you resign.
It is important to note that illegal practices such as hazards to human health and safety and financial conduct are “good reasons” to quit. In most states, you will not be disqualified for unemployment benefits because of your state of residence.
Moral And Religious Convictions
If your work changes so much that it infringes on your moral and religious convictions, then you may want to quit.
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Domestic abuse or stalking may require you or a dependent in your household to relocate. Unemployment benefits can be obtained for that reason.
There may be additional reasons for claiming unemployment if you quit your job, depending on your state.
When filing for unemployment benefits, you must provide the names and contact information of your previous employers. The department will need this information to verify your claim if you quit.
Your application may be denied if the employer denies the accusations or you are unable to prove them. If you believe the decision is unfair, you may appeal it.
The reason for your separation must be more than just rational for you to receive unemployment benefits after quitting. Your state must deem it acceptable.
Responding To Debt Collectors If You Become Indebted As A Result Of Unemployment
The following are some steps you can take to defeat debt collectors in court and at home:
- You should send a Debt Validation Letter once they have contacted you. It forces them to prove all debt information is accurate (amount, ownership, transfer of ownership, etc.). Debt validation requests stop many debt collectors in their tracks.
- One of the best ways to stand up to a debt collection lawsuit is by filing a written Answer. Doing this enables you to refute the untrue assertions made by debt collectors and also use affirmative defenses in your defense.
- Filing a Motion to Compel Arbitration can be an effective strategy in your debt collection court case. When sued for credit card debt, take a look at the card agreement and determine whether there is an arbitration clause included; should it exist, this instantly moves the dispute out of a courtroom and into arbitration. This process is far more just and easily accessible than traditional courts, allowing both sides involved- debtors and creditors alike – to come to a resolution.
- Writing a Debt Lawsuit Settlement Letter is one helpful tactic to settle debt. By offering a lump-sum payment, you may find that many debt collectors are willing to reduce what was originally owed.