To qualify for unemployment benefits, you must be temporarily out of work through no fault of your own. If you quit your job voluntarily, you generally will not be eligible for benefits. But if you have “good cause” to quit, you might still be eligible. Good cause means a legally valid reason for quitting. These reasons can vary depending on the law in your state.
Some states define good cause to include only job-related reasons, such as unsafe working conditions. Other states define good cause more broadly, to include both work-related reasons and compelling personal reasons.
Quitting Voluntarily
You are considered to have quit voluntarily only if you’re the one who initiates the chain of events leading to your job loss. If your employer offers you an opportunity to quit rather than being fired, that isn't considered voluntary, because you were going to lose the job anyway.
Finding a better position, changing careers, or being unhappy with your current work situation are all valid reasons to quit a job, but they don’t qualify as “good cause” sufficient to entitle you to unemployment benefits.
Good Cause to Quit
Examples of Good Cause to Quit
Each state sets its own eligibility requirements for unemployment, including what constitutes good cause. While some states define good cause more narrowly than others, most states agree that these situations give rise to good cause to quit your job:
- Domestic violence. Most states allow you to collect unemployment benefits if you had to quit work for reasons relating to domestic violence (for example, to relocate with your children in order to get away from an abuser).
- Medical reasons. Many states offer unemployment benefits if you quit because of a disability or an illness or injury. Some states require that the medical condition be related to the job (because the job caused or aggravated the condition); others don't impose this requirement. In some states, an employee who quits because of a family member's medical condition might also be eligible for benefits.
- Constructive discharge. Constructive discharge occurs if your work situation was so intolerable that you were forced to quit; for example, if you were subjected to relentless harassment based on your sex, race, religion, or other protected category; forced to work in unsafe conditions; or asked to break the law. Constructive discharge is likely to qualify as good cause. If a reasonable person in your situation would have found the working environment intolerable, you will still be eligible for benefits in most states.
Some states define good cause more broadly. In California, for example, courts have found good cause where an employee quits to relocate with a spouse, care for a seriously ill family member, or take another job that fails to materialize.
To find out what constitutes good cause in your state, or to apply for unemployment benefits, contact your state’s unemployment insurance agency.
Unemployment claims are decided on a case-by-case basis, so even if you quit for one of the reasons that your state considers “good cause,” you aren’t automatically entitled to collect unemployment benefits. Your outcome will depend on the specific facts of your case.
Efforts to Resolve Your Concerns Before Quitting
To show good cause for quitting, you normally have to make an effort to preserve the employment relationship first. If you quit at the first sign of trouble without taking steps to resolve your concerns, you generally won’t be entitled to unemployment benefits.
If you want to quit for a work-related reason, such as an unsafe work environment, you should inform your employer of the problem and give them a chance to fix it.
If you want to quit for personal reasons, such as being stalked or threatened by an abuser, you should inform your employer of your situation and ask for a transfer, leave of absence, or workplace accommodation (unless you are in imminent danger and it is not safe to do so).
If your attempts to address your concerns are unsuccessful and you feel you have no choice but to quit, you will generally be entitled to unemployment benefits.
Do I Need a Lawyer to File an Unemployment Claim?
Generally, you don’t need a lawyer to apply for unemployment benefits. You can fill out the forms yourself and submit them online.
However, if your claim is complex—for example, if you feel you were constructively discharged, or if your unemployment claim was denied and you think you have grounds for an appeal—you may want to consult with an employment lawyer.