When an employee decides to quit, one question they ask is “Am I still able to get my benefits?” The answer is most likely, yes.
Unemployment compensation is available to all employees who are no longer working with a company through no faults of their own. In fact, most state unemployment departments remain constant with their standards to accept unemployment benefits for those who choose to leave versus involuntary unemployment.
Lack of diversity in the workplace can be a key reason why an employee chooses to quit voluntarily, but they may qualify for unemployment benefits, depending on the specific circumstances. Here, we will discuss the various aspects of quitting as most states require the employee to show their cause of leaving to qualify for benefits.
Reason for Separation from the Workplace
For any type of work separation, the employee must file an unemployment claim. If the employer is involuntarily unemployed due to the cause of layoff, downsize, or completion; they are eligible for benefits. However, the reason must be accepted as it will determine the worker’s eligibility to collect unemployment benefits.
Qualified Cause of Leave
Even the best employment relationships can turn sour. As a result, the former employee leaves the company and files for unemployment benefits. Unresolved conflict between people often stems from a lack of diversity in the workplace and a focus on those with different cultural backgrounds, perspectives, and resolution. When employees feel like they cannot reach a term of an agreement, they end up giving up and decide to leave.
Most states accept the employees’ claim for unemployment benefits if their situation in the workplace has grown difficult and felt that they were forced to leave. For example, you may feel that quitting is the only option because of constant racial discrimination, sexual harassment, long-withstanding poor working conditions, or demands to commit an illegal act. Legally, a constructive discharge from such conditions would be considered as wrongful termination.
If the employee quits due to an illness, disability, or injury and remains unable to work, it is often required by some states that the medical condition is linked to the job.
Disqualified Cause of Leave
If an employee leaves their current job for a new employment, they are not eligible for unemployment benefits. The most common disqualified causes of leave for unemployment include the following:
- Work-related misconducts
- Misconduct related outside of work
- Rejected a suitable employment
- Failed a drug test
- No signs of job search
- Receive severance pay
- Committed fraud
- Accepting freelance assignment
When in doubt, do your research on applicable reasons to file for unemployment. Your employer cannot deny you the benefits as the decision is left to the state’s unemployment department. Don’t let a lack of diversity in your former workplace prevent you from your entitlement to benefits. If you are denied benefits, you have the right to appeal and prove your side of the situation for the need of unemployment benefits.