Can I get unemployment if I quit my job?

Can you get unemployment if you quit your job? Sometimes, yes. Sometimes, no. It depends on the reason you quit. Watch this video to learn more.
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kathybushnelle....
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[@deenaholland1065]

Thank you,I like listening to your inputs

[@kathybushnellesq]

You're welcome! Let me know if you have more questions.

[@malinirpatel]

Hi Cathy, I had been let go from my job because I had exhausted my fmla but had my doc send extended fmla. My employer told the unemployment department that I had “voluntarily quit”. I had not voluntarily quit and was let go when I was severely ill and admitted to the hospital. I constantly sent my manager texts letting her know the situation

[@kathybushnellesq]

I'm sorry that happened to you! Check with your state's unemployment agency to see what the requirements are to get unemployment benefits in that situation. Laws vary from state to state in cases like this.

[@ShaunRinguette]

Tomorrow is the last day before I can appeal it to the court . I went to court house last week and they aaid i had to write it up a certain way. Im lost scared of losing my unemployment claim..

[@kathybushnellesq]

This answer assumes your claim is in Oklahoma. You'll want to make sure that you follow the requirements in the statute: Title 40, Section 2-610. Make sure you name all the parties: OESC AND the Board of Review (and the employer, if they were a party). Yes, OESC & the Board are part of the same agency, but they MUST be named as separate parties in your appeal to district court.

[@evelyn-kl8iq]

Hello Cathy, my names Evelyn and I quit my job back in January 2022. I quit because of one major reason and one other as well. I had gotten into a car accident on my way to work and had notified my boss about the accident I let him know that I wouldn’t be coming in to work that day because of the accident. He said it was fine and asked if I was alright. After an hour or 2 he messaged me and asked me “Did you call the police”? Which to my response I replied “no but we exchanged Information and I got his insurance and everything so my insurance is going to handle that. Hopefully they get that figured out”. He responded with “I just need some evidence for the accident please.” I sent him pictures of the persons car. I forgot to take pictures of my car which is so irresponsible for me to have done which made him reply with “Where is your car and where is the damage”. The next day I came in for work he called me over and told me I would be leaving work early and he wanted to speak with me before I leave. I agreed to speak with him. He pulled me over to a table and started to question me and try to instigate me and tell me that I was lying about getting in a car accident and that I was just making it up to not come in to work. He even stated to ask me personal questions with a very rude and condescending tone about “I need your insurance company number” , “ I need photos of the accident, what time, and place uf happened” ,” I need the other person phone number and insurance”. At the moment I didn’t say anything because of how shocked I was and very concerned to what he just asked me. I went home and then really play the whole situation in my head and realized that he was being so unprofessional and disrespectful. He had even told me and I quote “Because of “accident” you made me loose customers that day” I was so infuriated. The next day I came in to work I had decided to quit right on the spot because not only because of that situation but, because I had been getting my hours reduced a lot and they were and acted very disrespectful and unfair to me up until the day I first stated working there. I received an appeal letter from unemployment about 2 days ago. When I filed my claim I had only mentioned that my hours were reduced therefore I quit. Do you think I should mention to unemployment about my accident and the whole situation? Or would that make it worse? I don’t know what to do. Please help. Best regards, Evekyn

[@kathybushnellesq]

Hi Evelyn! Often times, the reasons that people quit jobs are complex and can't be pinpointed to one single thing. So OESC wants to know about all the circumstances that led to your separation. So if the car accident was part of that, it should be included. But I also understand that sometimes OESC's online forms don't leave enough room to explain everything adequately. I look forward to speaking with you about this more later today.

[@toyartunlimited3876]

I just started a new job and the manager bullies his employees, he yells and slams things around and had a fellow employee almost in tears the other day. It is very difficult for me to subject myself to these kinds of conditions due to my already problematic anxiety...do I have a legitimate reason to quit in the eyes of unemployment...I can't afford to be broke...but I don't feel comfortable at all going to work here.

[@kathybushnellesq]

You will need to be able to show unemployment that you took some steps to fix the situation & were left with no choice but to quit. So can you talk to the manager, his boss, HR? There's almost always someone you can talk to. Tell them what's going on and ask how they can fix it. Ultimately, only you can make the decision about if/when to quit. The decision about whether that reason will allow you to receive unemployment benefits can only be made by your state's unemployment agency.

[@toyartunlimited3876]

@@kathybushnellesq thank you

[@cyniagardner1529]

Hi Cathy, my employer promised me a stressed free job and 1 duty, literally every week my hours changed, he micromanaged and he changed my work duties each week other what i was hired and agreed to. This severely affected my severe depression. On my 3rd week he said “you’re annoying. This should be your last week.” I wanted to quit because him and the job affected my depression and then he said this. Which situation will allow me unemployment? Severe depression affected and trying to stay at least the end of the month or him telling me this should be my last week? (he contacted me the next day and changed this again)

[@kathybushnellesq]

In Oklahoma, unemployment looks at who the "moving party" is for a separation. The moving party is the person who started the separation. I could make an argument that the employer did when he said "this should be your last week." In that case, the laws governing a discharge apply & the employer has to prove you were discharged for misconduct connected with the work in order for your claim to be denied. However, if you were the moving party & gave notice to quit, you have to prove good cause for quitting. Some of the things you've described - if proven - could be good cause. But you must be able to show that you've taken steps to resolve the issues before deciding to quit. The health piece is a different factor that must be analyzed on a case-by-case basis. Also, keep in mind that, in most cases, you must work for an employer for 15 days before you can file a claim against them. That's 15 days of showing up for work, not 15 calendar days.

[@biancacastillo2737]

Hi Cathy my job requires us to make a quota a hour which is ridiculously high which is sometimes unsafe because we have to go up and down stairs if we don’t make that quota they come harass you about it everyday I don’t think I can keep up anymore people constantly get hurt trying to meet their quota I want to quit but scared I won’t be able to receive unemployment til I find another job

[@kathybushnellesq]

That sounds like a challenging work environment. If you're in Oklahoma, I'd be happy to discuss your situation with you further. You can book a consultation through the link above.

[@biancacastillo2737]

@@kathybushnellesq yes I’m in Oklahoma

[@jikookpm]

I am pregnant. My boss doesn’t give many jobs to us, including me everyday and I get to sit down and they pay me for just sitting down but everyday that passes I am getting more tired and tired of sitting down because of my tiredness from my pregnancy symptoms. My pregnancy is developing and going good but I feel like I am tired at work because I don’t do anything. They barely have any work everyday. And the pay is not enough for me as a pregnant woman either. I don’t have a car so it’s hard for me to go to work everyday, too. My supervisor called my agency company and they said that my supervisor was curious as to why I have been missing work a couple of days. But as I said, I am pregnant and I have let my supervisor know about my appointments. My supervisor is making me feel like I’m bad at my attendance. It’s not my fault I am pregnant and I’m feeling so sad most days. I feel tired and I can’t just sit down all day waiting to get a job and almost falling asleep on my desk just waiting all day every single day. I do admit that i took a whole week off and let my supervisor and company know that I had a serious infection and had to be hospitalized and my doctor didn’t want me to work. Ever since then they have been paying closer attention to my attendance and I get why but it’s not my fault that I had a serious infection. Right now, I am trying to work at a slow paced work space. I am usually super tired and working at a slow paced work doesn’t help. I know it’s not their fault. But for my health I want to focus on my pregnancy and quit my job so I don’t stress about all of these things. Do you think that I can get unemployment? -I am in Minnesota

[@kathybushnellesq]

Since I'm not licensed in Minnesota, I cannot comment on whether you would meet the requirements to receive unemployment in that state. However, if your pregnancy is interfering with your ability to work, you might contact your manager or human resources to discuss whether you qualify for FMLA or some other type of protected leave. Good luck!

[@shelleydeleon9865]

I was woundering I have an appeal going on and they said it might take up to 6 months. But I didn't know what to do so I decided to still put In my job searches every week. Am I soupose to keep doing the job search. My old boss fired me but lied to unemployment, so I'm appealing it and have another boss from another store who will verify stuff for me.

[@kathybushnellesq]

In Oklahoma, appeals are currently taking 30 days or less from the date the appeal was filed. You are not required to keep filing weekly claims, BUT if you want to be paid for the weeks while you wait, you MUST file. OESC will not backdate your claim to let you file the missed weeks if you stop filing.

[@Pokejouneys]

Hi, I moved to different province (ON to NS) and now i can not find a job from 5 months. It is very hard for me to survive. I asked my employer for a transfer but they said resign and they will help me here to get rehire but there is no job position. Plus I place i use to work was shortening employees. ( they reduced employees for 7 to 4). Is it possible for me to apply for EI?

[@kathybushnellesq]

Thanks for your question. I am not licensed to practice law in Canada & not able to answer questions about how unemployment works there. You may want to contact a plaintiff's employment lawyer in your area. They may be able to give you some guidance. Good luck!

[@Tiffany98185]

Hey so I workedd at Wal-Mart for almost 2 years when i was hired i was promised a set schedule at the time i was hired i told them my kids was in day care and my son has autism so the 2 days i set to be off is the days I'll have to keep ill will schedule his appointment on my days off well after 2 years she started to change my schedule I went in and talked to her I told her the 2 days i have off I can't work you promised me it would never change. She basically told me there was nothing she could do at Wal-Mart they have a 5 point system basically if you miss 5 days you get fired I got uo to 4 and a half points bc of my sons doc app that I schedule on the days i was supposed to have off. Well she changed it again and i had to call in that day i quit bc i knew when i went in i was gonna get fired anyways bc i had 5 points will I'll be edible for unemployment?

[@kathybushnellesq]

Hi Trinity. It's hard to say if you'll be eligible under these circumstances. Oklahoma has a law that *may* come into play called compelling family circumstances. I think of it as a no-fault separation. It's not your fault that your kid has autism & has dr appts. Those appts are hard to come by & not easily rescheduled. But it's not necessarily the employer's fault if they had business reasons they could no longer keep their promise to you about your days off. Unemployment may also consider whether you had PTO or other leave available instead of calling in for those days. You've got nothing to lose by making the application for unemployment.

[@DmiaCurb]

Hello Cathy, I worked for my employer for almost 2 years . I found out I was pregnant and I was very sick . I was coming to work late, and the smell (it was an animal hospital) was unbearable . My boss wrote me up like 3 times and told me I was on my last stroke before termination. I then told her well I’ll just put in a two weeks. I sent her an email with my 2 weeks and she then just took me off the schedule for good .

[@DmiaCurb]

I never finished my 2 weeks and I actually complained about what she’d done to HR because I wanted to be marked as rehirable .

[@kathybushnellesq]

That sounds like a terrible situation. What question do you have?

[@ShielaGsMukbang]

hi Miss Cathy quit my after my i give burth due of i dont have child care .i can’t afford to pay my a babysitter.and apply for edd

[@kathybushnellesq]

@@ShielaGsMukbang Since you're applying for EDD, I'm guessing you're not in Oklahoma. I can't comment on whether your state will award benefits in this situation. In Oklahoma, benefits are rarely awarded when someone quits due to no childcare.

[@mellonearth9168]

Hello Cathy, I experience sexual harassment at work from one of my employment superiors. I reported it to HR and they agreed to keep us separated while on the clock however i noticed that one of my work days we still work together and it has given me so much anxiety and fogginess in the brain im unable to properly focus. Not two weeks after seeing him I was put on a forced leave with no explanation. its about to make a month of UNPAID leave. can i quit and collect unemployment. I have proof of reporting it and proof i spoke to my therapist about it.

[@kathybushnellesq]

Assuming you would be filing a claim in Oklahoma, when an employer places you on an unpaid leave - absent disciplinary reasons - it can sometimes be considered a discharge for unemployment purposes. There are lots of things that could factor in here. The only way to be sure if you'll qualify for benefits is to apply & let OESC figure it out.

[@Nicole-uy5yn]

Unemployment says I quit but it was fired they have me under wrong work place Name I have appealed it but taking so long

[@kathybushnellesq]

Unfortunately, Oklahoma unemployment appeals are taking about 6 months as of today (March 23, 2022). If you call the Appeal Tribunal & they might be able to give you an estimate of when your case will be heard.

[@jerrellrohelia2498]

I start a new position around the holidays. After 2 weeks, I start feeling sick. By the end of the 4th week, I test positive for covid. I've missed about 14 days of work due to illness of covid. Cognitive struggling with the job. I am not able to retain information even though I've taken notes and have guides to assist me. I'm still having trouble retaining the information. I'm thinking about resigning. Will I be able to get unemployment. I live in Pittsburgh, Pennsylvania. I'm dealing with anxiety, cognitive issues, and stress. I've started the work accommodations. I still feel out of place. I have about 45 days into the job and missed 14 from illness and 4 due to the holidays. To add, my job is an analyst position that takes calls all day. That deals with software guidance/ instructions.

[@kathybushnellesq]

Hi Jerrell. Sorry you're dealing with all that! Unfortunately, since I am licensed only in Oklahoma, I cannot comment on unemployment in states other than Oklahoma. I encourage you to reach out to your local workforce or employment services office. They should be able to give you information about unemployment in Pennsylvania.

[@Angelda.heavenly]

Hey my job plans on firing me due to transportation.I changed my schedule but they tell me my availability isn’t fair to other workers but I don’t make enough or get enough hours to even save up for a car plus I pay for rent and it takes me two checks to come up with 600 so it’s a struggle to even pay all my bills if they let me go because I keep calling out or showing up late can I be eligible for unemployment?

[@kathybushnellesq]

In Oklahoma, the definition of misconduct includes excessive absenteeism or tardiness. If that's the reason for your termination, your unemployment benefits may be denied.

[@colemanfamily4250]

Hi. Do you do consultation for those who live outside Oklahoma? I'm in California.

[@kathybushnellesq]

I serve claimants with Oklahoma unemployment claims regardless of where they live. But your claim MUST be in Oklahoma in order for me to help.

[@abbymorrow2539]

I was granted unemployment and leaving for good cause. The employer has now appealed the decision and I am waiting to find out my hearing date. Will I not receive payment each week during the appeals process? Or will it resume after the hearing and if they still find I left for good cause?

[@kathybushnellesq]

Assuming your claim is in Oklahoma and that you continue to file your weekly claims & meet all the requirements, your payments will continue while the appeal is pending. Payments will not be stopped unless & until a decision is entered that says your benefits are not allowed.

[@donnieo9047]

I have a email that I sent to the corporate HR team regarding the things that was going on surrounding a hostel work environment and nothing was ever done so I quit unfortunately. Can I use that when filling unemployment?

[@kathybushnellesq]

Yes, you can! Just make sure to submit it in advance of your hearing.

[@zaneenox8444]

Hi Kathy. I'm experiencing hostility at work from a co-worker. I've contacted H.R about this problem. They asked for evidence and I was able to provide it to them. A few days later, they emailed me saying that actions have been taken and the case is closed. I am still feeling hostility from this co-worker and heard her jokingly mention my name to another co-worker the other day. Is this enough to get unemployment if I quit my job do to harrassment and a hostile work environment?

[@kathybushnellesq]

It sounds like you are taking the right steps. You may want to revisit the issue with your HR department, though. Whether the steps you have already taken are enough to qualify for unemployment is hard to say. Each state has it's own requirements about how much is enough to show you had good cause to quit.

[@zaneenox8444]

@@kathybushnellesq Thanks for your response Kathy. Really appreciate it

[@fast_traffick_report]

What if you show that the employer has a history of not paying on time and stated that they are struggling to meet the payroll?

[@kathybushnellesq]

In Oklahoma, that can qualify as good cause for quitting. You will still have to show that you took steps to resolve the issue & that you were left with no other choice but to quit.

[@fast_traffick_report]

Thank you! That makes sense.

[@susanareyna558]

Can I get unemployment, I started nursing school and it’s really hard for me to continue working 2 days and it’s a private program so they didn’t offer financial aid.

[@kathybushnellesq]

There are times that quitting work to attend school will allow benefits, but most times you'd be denied. The only way to know for sure is to make the application.

[@groovymars6938]

Hello Cathy i’m from Illinois Chicago. I’ve recently quit my job because my girlfriend and I had a baby and she lives in Wisconsin. I’ve decided to move in with her to help her out with the baby and her recovery. Am I able to collect unemployment?

[@kathybushnellesq]

I am not licensed to practice law in Illinois or Wisconsin. I can assist only with Oklahoma unemployment claims. I would encourage you to contact the state workforce office in the state where you worked for more information about whether you will qualify for benefits for that reason.

[@jamescreel8120]

Hey Kathy. My grandmother unfortunately has cancer and I need to be her caretaker because she has nobody else and my girlfriend can’t because we have a two year old son. I need to quit my job and was wondering if I can collect unemployment while taking care of my grandmother. I would be able to provide any medical documentation if needed. I have been at the same company for over two years

[@kathybushnellesq]

Hi James. I'm sorry to hear you're grandmother's ill. My response assumes your claim would be filed in Oklahoma. Oklahoma does have what I consider a no-fault separation. We call it a separation due to compelling family circumstances. In some cases, you can leave a job to care for an immediate family member who has an illness, receive benefits, and the employer's tax rate increase may be waived. However the law includes a specific definition of who qualifies as an immediate family member. Additionally, you are still required to be able & available to seek & accept work and conduct weekly work searches to receive benefits. If you have additional questions, you can always schedule a call with me to discuss.

[@jamescreel8120]

@@kathybushnellesq thank you for the information. I’m from New York probably should have led with that.

[@kathybushnellesq]

@@jamescreel8120 I do not know whether New York has a similar law. You might check nela.org to see if you can locate an attorney in NY to help. Good luck!

[@anaovalle3260]

Hi Cathy this is my case, I got denied unemployment benefits, the reason I forced to quit my job was because of family illness, my husband was diagnosed with dementia, I to be his caregiver..is there a way that I could appeal

[@kathybushnellesq]

Hi Ana. (assuming you're in Oklahoma) Yes! 100% appeal. There is a law that can apply if you have to quit to take care of a family member. But the law requires that you are able & available to seek & accept work. It doesn't have to be the same work that you left, but you do have to make an active search for work to be eligible. So it's possible to approved based on the reason you left employment, but be denied due to the able & available requirement. Feel free to book a call with me to talk through your options.

[@anaovalle3260]

Hi Cathy , if that make a difference, I ‘m here in New Hamphire..thank you so Much for answering me. Yes I would like to book a call with you

[@kathybushnellesq]

@@anaovalle3260 I am licensed to practice law only in Oklahoma. You will need to contact an attorney licensed to practice in New Hampshire. I do not know if NH has the law that I previously mentioned.

[@nukleheadtrucker8395]

I quit cause I went to a trucking school to get my CDL is it possible i can get unemployment because I quit for a good cost to gain my CDL but I left in good terms

[@kathybushnellesq]

This answer presumes your claim is in Oklahoma. Unless your school was under a TAA or TRA program (federal training programs), it's unlikely you'll be approved if you quit for this reason. Quitting to attend school is a personal reason and not good cause connected to the work. There may always be an exception, but I have not seen one.

[@veronicachambers3248]

​@@kathybushnellesqhi Kathy, I was working in another state and I moved back to my hometown for personal reasons. can I get unemployment.

[@kathybushnellesq]

@@veronicachambers3248 It depends. As a general rule, unemployment benefits are paid to those who are unemployed through no fault of your own. So if you quit to relocate for personal reasons, you'll most likely be denied. In Oklahoma, there is third type of separation - a separation due to compelling family circumstances. I think of this as a "no fault" provision. It applies when you have to leave work for reasons that aren't necessary related to the job itself, but also aren't your fault, such as your health, the health of an immediate family member (which is defined in the statute), to escape domestic violence, and if you're relocating with a spouse who accepted work elsewhere. (There are more reasons, but those are the most common.) Your claim would be filed in the state where you worked, so check if they have a similar "no fault" statute that might apply to your case.

[@veronicachambers3248]

@@kathybushnellesq thank you

[@arealious25]

What about mental health?

[@kathybushnellesq]

Are you asking if mental health can be good cause for quitting? It depends. If you have a truly diagnosed mental health condition, it's possible to be awarded benefits, but there is a different analysis because a different law applies. But if you're talking about mental health because there's some type of hostile work environment, you have to do the things to try to resolve the situation before quitting.

[@arealious25]

@@kathybushnellesq thank you

[@arealious25]

@@kathybushnellesq I was asking about mental health because I'm dealing with depression. And that's largely due working retail the last 20 years without any hope of getting out.

[@AK-ic1yj]

Cathy, you are giving terrible advice and need to revise asap. Don’t tell someone who is in danger of sexual violence(that’s what any and all sexual harassment is) that they might not get unemployment benefits. They may think twice about quitting, stay longer and something really bad could happen. All sexual harassment is horrific but it can easily lead to rape and/or death. To everyone out there, if you feel unsafe at work, quit immediately!! You will get your benefits and you will survive just fine. Imagine the strongest version of yourself and fight back. Don’t listen to this women. She does not have your best interests in mind. You have to do what’s good for you! Repeat that like a mantra. Power to you! ❤❤

[@kathybushnellesq]

Thank you for your feedback. I agree that no one should tolerate sexual harassment at work (or anywhere for that matter). My videos are not advice but information about how unemployment benefits work in Oklahoma. The information I share is based on the 10 years that I worked for OESC prior to opening my law practice. There is a statute in place that helps people receive unemployment benefits if they quit their jobs as part of a plan to escape domestic violence (See 40 OS § 2-210(4)(d)). However, that law is separate from the law that governs voluntary quits generally - which is what this particular video is about.