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Unemployment if you quit your job due to being forced out

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Unemployment if you quit your job due to being forced out

Does anyone know if you can still get unemployment if forced out of your job where conditions were made intolerable and a reasonable person in the same situation would do the same?

I am in that situation and was wondering how I would go about it. Any insights would be appreciated.

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  1. Anonymous

    It depends on the state. My recommendation if you have already left then apply and see what happens. The answer is always no until you ask. This may not seem helpful but in some states there is the question did you leave to not get fired. ?

  2. Anonymous

    Check with the Unemployment Division of your state's Department of Labor. The eligibility requirements vary depending on where you live.

  3. Anonymous

    Just apply for it and if the question is ever asked lie. No one will check. (I've done it twice).

  4. Anonymous

    That’s fraud. If you apply again and anyone notices that you can be forced to pay it all back.

  5. Anonymous

    No. When u file for unemployment, the state agency checks with your former employer . They will state that you left on your own, not laid off...you won't get unemployment.

  6. Anonymous

    It depends on the state but in most states, yes, if you can demonstrate that you quit because of intolerable conditions, you are entitled. It helps if you can show that you voiced concerns to the employer about the situation and they didn’t resolve it. If you don’t have evidence, I would still file anyway and cite that as the reasoning. Then it’s up to the state to determine if that meets their guidelines and if so, the employer to fight it and produce contrary information. A lot of times, employers choose not to waste time fighting it if they think you might have a case, so there’s always that.

  7. Anonymous

    Yes, completely agree. It happened to me once. I met with HR to discuss my concerns. They told me verbally that they would not contest unemployment. I sent them an email summarizing our conversation and asking them to confirm they would not contest unemployment and details about benefits. Once they did that, I put in my notice.

    I know others in that company that sis not have as smooth a process. Document as much as possible. Get things in writing as much as possible. You got this!

  8. Colleen Hanson

    Unless you have a profound amount of proof that conditions were intolerable and they "forced" you out, you will more than likely not be able to collect unemployment. It has been my experience that many employers lie profusely to unemployment so unless you have undisputable proof I would say your chances aren't good. Good luck!

  9. Anonymous

    You will minimally have to have a hearing because your employer will fight. Proving environmental factors is extremely hard.

  10. Anonymous

    As long as it's not straight up abusive, I'd stick it out until they fire you, doing the absolute bare minimum and documenting any and all infractions as I plan my exit. I'm talking show up between exact working hours, maybe leave a little early, answer emails and get tasks done, but absolutely nothing extra, all the while applying to jobs on the side. It sucks but if getting unemployment is the goal, you want them to let you go first (and you want documentation of their wrong doings - - I'd even send them to HR on my last day just in case).

  11. Anonymous

    You have to be VERY careful with the "quiet quitting" mentality. Employers can use that to justify firing and also just try to get a job with a former supervisor telling a potential one that you are not eligible for rehire. Leave with your head held high that you did your absolute best, save the anger and "I could care less about this f!@#$&g

  12. Anonymous

    Since the original poster was asking about their ability to collect unemployment, I think the quiet quitting answer you responded to is still the best route if they're trying to be let go in order to get unemployment. Doing the basics of what you're hired to do is doing your job. Going above and beyond would mean this person would be less likely to be fired. Finding a new job before getting fired is obviously the best option, but the question was in regards to unemployment. Quiet quitting isn't about doing a horrible job. It's about not going above and beyond for free anymore and letting things ride their course as you look for the next opportunity.

  13. Anonymous

    If she's trying to collect unemployment, quiet quitting is the only way she can be fired without doing something blatantly wrong in order to be let go. Most people who quiet quit just stop doing extra for their employer and do what they were hired to do and nothing more, while they conserve their energy for applications and interviews with the next firm that is a better fit.

  14. S Maisha

    I would never quit because you would not get unemployment. If the conditions are intolerable or you’re being forced out, I would contact an attorney specializing in employment rights and ask for advice. Hostile work environments can be grounds for a law suit. But I would not quit

  15. Anonymous

    Do not quit. Do not sign anything if they say they are terminating you. Contact an Employment Attorney ASAP, it is a free consult and only collects if you go to court and get a settlement. Harassment and hostile environments are real. I experienced this myself. File for unemployment if you are terminated and appeal if the company denies or falsified the situation. Good Luck.

  16. Anonymous

    You only get unemployment if you can prove you were let go to no fault of your own.

    Unemployment does NOT pay the bills, it allows you to eat and BARELY get by....if that.

    If you quit, you get NOTHING but free time to look elsewhere

  17. Anonymous

    I have filed unemployment claims due to a toxic work environment or for failed follow through from the employer. You'll need to give concrete examples of the toxic environment and what you did to try to problem solve. Hopefully you have all of the communication in writing. Even when there is face to face conversations, follow it up with an email, "I'm following up on our (in person, phone, virtual) conversation that was on (date) in which we discussed (1, 2, 3). Do a recap of what you're able to do and what they're able to do. "

    I was in a position in which an employer promised some things during an interview, and when I started adn got out of training, none of those things were done. I followed up with varying tiers of management as well as HR then sent follow up emails to cover myself. I also forwarded those emails to my personal email account to ensure I had them then printed them out so I wouldn't lose them. I did this for a period of time after training was over, and they wouldn't accomodate the work schedule they had intially promised. When it was time for me to stop attending work, I filed for unemployment the day I didn't show up to work. I did finally get my unemployment after a month of them investigating. HR may try to screw you over and try to recruit you again like they did to me. I went ahead and documented that also...name of the recruiter and our phone conversation. I asked her if it was a mistake that she reached out to me to offer me the same job that I left. She said my name was on the list, and I said if they're not able to follow through on my work schedule of x then I have no idea why I'm being called. She said it was a mistake to call me and I documented that as well. So be sure to hande those curve balls! Document everything, even phone conversations and send emails. I noticed that noone wanted to reply to me via email after I sent all of mine. Always remain cordial and professional on those emails. You want to show that you have done everything in your power to try to stay, but just some things that won't work out.

  18. Anonymous

    Go.to.your.state's.unemployment.office.or. website.

  19. Anonymous

    I am right there with you.

  20. Katie Landi

    I was told when happened to me that I should apply and when rejected appeal, I am sure you have documentation which would help

  21. Anonymous

    I would get an attorney and discuss your situation- you will need to have some very specific examples (have proof too) to show you were in an intolerable work environment and that you had no other choice. If you have all that then you may have a case for “constructive discharge”

  22. Anonymous

    You apply and if the employer denies the claim, you appeal and explain why you believe it was wrongful termination. You may win the appeal.

  23. Sheila Phields

    I have applied for UI benefits twice after quitting and gotten them. Good luck.

  24. Anonymous

    Write a letter to the legal person in your company and let them know that you expect them to not decline your filing for unemployment due to the fact that you were forced out due to a hostile workplace. That should do it, and similarly when you apply write mutual separation. If they decline you file a formal complaint with the EEOC and FEHA for just that.

  25. Tammy Wakham Curtis

    Depending on the state you live in, go to your local unemployment office and explain to them what happened and the reasons why you were being ousted. Make sure you give them close details on what happened.

  26. Claire Pearl Cofield

    I am sad to hear of your troubles but there are only 3 states where employees contribute to unemployment tax and NY is NOT one of them. Unemployment tax/insurance is funded by employers to both federal and state government.

  27. Amala Lane

    If you quit, you cannot get unemployment. But if you have documentation, you might see if your govt human rights or labor rights could take up your case to get you compensation.

  28. Ashton King-Kon

    Depends on your country. In Canada you can. It takes a little longer for the approval process but you just tell EI that you were forced out and are "claiming constructive dismissal" due to workplace bullying and you'll get approved for unemployment if the boss can't prove you weren't being bullied

  29. Ashton King-Kon

    I should note I literally just got OFF of unemployment here in Canada for this exact scenario where I had to claim constructive dismissal

  30. Ashley Z

    This is the most ridiculous thing I have ever read. Don't blame others for your misfortune.

  31. Anonymous

    You can ask your old company to let you claim it

  32. Ashley Z

    Depends on Country and State and if you can justify it with a good enough explanation. Examples of behavior could help in your claim. If anything, try to apply anyway and don't waste time. If you get denied, read why and appeal the decision.

  33. Anonymous

    As another New Yorker, I wonder why you're still here if you feel this way about our city...

    And on the migrant thing, I see just as many of them on the street. You realize we have a law to shelter any homeless person who wants it. It's one of the reasons I like living here - we at least try to take care of our homeless.

    Also, the unemployment insurance is paid by your employers here - you should have asked your last employer if they'd let you claim on their insurance before you left the job.

  34. Steven Hawk

    Most likely no...you left at will on your own.

  35. Anonymous

    Most States still allow you to collect UI Benefits, with a massive Penalty if you quit, and you have enough time in the last 4 Quarters.

    If you have proof of your circumstances and personal experience, you might go into the nearest UI office and wait to speak with a UI Agent.

    I would contact the Wage and Labor Board also if you have collected that evidence and provide it also. You can then show the UI office you have an open case, regarding conditions. This way if the employer fights it, you have someone on your side.

  36. Anonymous

    You can apply for unemployment, but your employer will be notified, and it depends if they approve it or not. I believe you can fight it if they turn you down which if they forced you at most likely they will not and I will just let you collect.

  37. Anonymous

    Just went through this and they fought It and I lost. The one fighting it hates me so I figured it’d be the case

  38. Anonymous

    Nope, the company is notified and has to verify and if you quit then you aren’t eligible to collect UE.

    Pretty simple.

  39. Anonymous

    If you file a hostile work environment with your state and you have the proof you might have a case.

  40. Anonymous

    Hi, I suppose depends of the country you leave. I have quitted my job and I live again… I left with a heavy burn out and even if I was covered by the insurance of my ex employer, I could not imagine to go back… good luck and be happy firstly … trust your self

  41. Anonymous

    My experience is you need to be fired without cause, or you get nothing. If you have documentation/ evidence of ill treatment, that's how I received severance.

  42. Anonymous

    This was my situation. I could not mentally handle the misery and abuse any longer and walked away. I was unable to get unemployment.

  43. Sarah Johnson, Ph.D.

    I am so sorry you are going through this situation. I was forced out of a nonprofit in 2019 and did get unemployment--they wanted me to quit so they wouldn't have to pay, I refused and so was fired. It depends on your state's unemployment laws. I was so stunned, it took me about a week to go to our local unemployment office and told my side of the story. Better things are coming, keep the faith and believe in yourself!

  44. Anonymous

    From an experience a long time ago I found out the hard way if you quit you will not get unemployment.

    You have to be released of fired by the company to be eligible. However you should check with local agencies in case there are differences state to state. You can also look into legal help to deal with an abusive work environment. Protect yourself - don't rely at all on the company to do that or to help you. I hope you can deal with this and find a better job soon.

  45. Chantel Cummings

    I was able to get unemployment once I proved I had left because of a hostile work environment, so it can be done.

  46. Anonymous

    Hi There,

    Yes, I did not think so, but can be done. When I was laid off due to downsizing, I attended a lunch meeting held by the state unemployment office. One of the reps had mentioned that if you were unemployed due to a bad or toxic situation and could prove it, it was possible to receive unemployment benefits.

  47. Anonymous

    I quit my job at the beginning of 2023 after taking 2 months of STD due to anxiety and stress at the workplace. I had to state the cause of my resignation and answer many questions, including names and titles of people involved, but after making the case thoroughly, my unemployment benefits were approved. Make sure you have proper documentation about how you handled the situation attempting to find a resolution before considering quitting. Wish you the best luck!

  48. Leslie

    Hi there,

    Ive read several on the comments and feedback to your question and wanted to share some thoughts for your specific question- unemployment is given when you have been made unemployed by action “to you” not “by you”.

    This means the organization has to terminate you in some manner- fire, laid off, involuntarily separating, etc.

    you choosing to leave because it toxic is a very important decision and would be the best decision for your health likely - mentally, emotionally, psychologically, etc.

    This decision however does not guarantee unemployment benefits.

    those who’ve made feedback where they did get it, spoke of having to document, explain, prove, defend and explain, etc.

    after all that, it would then be a decision by the state government agency that decides whether or not you would receive benefits.

    iI understand toxic environments are tough, really tough. And I regret the leaders where you’re have allowed it. If you want unemployment, unless your state agency allows otherwise, you would need to be involuntarily separated.

  49. LORI-ANN BURLINGAME

    It is always better to file for unemployment than not.

    However, did you take your concerns to HR? Do you have specific details (dates, times, names) of when you reported this behavior? Do you have anything in writing?

    Check your employee handbook on company policies/procedues that related to this matter. Are you in a union? If you are, check your union contract.

    As a former labor relations specialist, it is always best to use the company's policies/procedures to proof you case.

  50. Anonymous

    In Florida, it is a right to work state, so you can file for unemployment when you have been discharged from your job. Not sure if this applies to all states.

  51. Anonymous

    I had a resignation in lieu of termination although I had no negative performance issues. It was the only way for me to get some severance which far exceeded unemployment, I tried a couple of time with UI and could not get approved

  52. Anonymous

    Exact same scenario for me. I am glad you asked this question because I just presumed I would also get UI but my company coded me as leaving for personal reasons once I signed that severance agreement. Not all companies do that, mind you. But it’s hard to get info from your own company because HR is only as informative as they have to be and no one else is talking for fear of jeopardizing their payout. Hopefully my prior company can survive another day by making sure I didn’t get UI.

  53. The Williams Wedding

    Yes. It's called constructive resignation. Contact the EEOC first to see if you may have a case.

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