Wednesday, January 7, 2015

Get Unemployment After Voluntary Separation

Each state runs its own unemployment insurance program so laws can vary, but one of the universal requirements for unemployment claimants is that you be unemployed through no fault of your own. Voluntarily leaving a job disqualifies you from benefits unless you have just cause for the separation. In that case, it's important that you be able to show evidence of that cause to your state during your claim approval process.


Voluntary Separation


With exception of employment dictated by a contract, most employer/employee relationships can be ended at any time by either party except for reasons prohibited by federal discrimination laws. A voluntary job separation is a situation where you leave your place of employment of your own accord. Whether you call it quitting, resigning or just not coming back to work, you initiate the job separation instead of your employer.


The Importance of Just Cause


While it may be perfectly legal for you to leave your job, your eligibility for unemployment benefits depends on whether you have just cause for leaving. Just cause can vary depending on the state in question but most often it's a reason for your departure that can attributed by your employer's actions. It can include violation of labor laws, violation of discrimination laws or significant changes in your employment terms. Just cause could also include health reasons that prevent you from performing your job anymore.


Burden of Proof


When you apply for unemployment benefits, it's your state's duty to review the claim for eligibility. Since only voluntary separations with just cause qualify for benefits, it may ask for corroborating evidence of that cause. Since you initiated the job separation, the burden of proving the cause behind it falls to you. During the review process, you may receive requests or more information and if you have to appeal your unemployment determination, you have to provide that evidence during the hearing.


Types of Evidence


The type of evidence you show the state to support your unemployment depends on the reason for your voluntary job separation. If you quit due to harassment or a hostile working environment, you might bring in notarized witness statements about the environment at your workplace. If you left due to the fact that the company moved your job to another state, you'd show the memo or notification that your employer was changing the terms of your employment significantly. On the other hand, if you left due to health reasons, you'd bring medical records or a notarized statement from your medical provider that states you why you couldn't work with your former employer anymore.