Unemployment Benefits and Voluntary Resignation

Unemployment Benefits and Voluntary Resignation

Unemployment benefits are typically reserved for employees who involuntarily leave work. A specific exception is made for employees who leave work voluntarily if the employee “establishes by substantial and credible evidence that he had good cause for leaving attributable to the employer.”

A recent case found that an employee who quit his job because he was dissatisfied with his potential salary was not entitled to unemployment benefits. The court found that there was substantial evidence to show that the employee “quit his job because he was dissatisfied with his salary, and not because there had been any change in the terms of his employment.” The evidence showed that the employee was hired as a part-time sales clerk with the expectation of future full time employment. The employee resigned after reviewing ‘sample’ full time employment offers.

“Generally, an employee who leaves work voluntarily is not entitled to unemployment benefits. This rule is subject to a narrow exception: an employee who leaves voluntarily may nonetheless be entitled to unemployment benefits if he ‘establishes by substantial and credible evidence that he had good cause for leaving attributable to’ the employer.”

An employee who wishes to voluntarily leave work and still receive unemployment benefits may do so in very specific circumstances. As the appeals court recently held, an employee who is simply dissatisfied with his potential salary is not sufficient. If you are an employee who wishes to leave work and expects to receive unemployment benefits, you may want to seek legal advice before losing any entitled unemployment benefits.

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