An employee quits … And now you get an unemployment claim. What’s going on?
The Unemployment Program was established during the Great Depression to provide short-term assistance to individuals that were unemployed through no fault of their own. What about someone that has a job and quits? Can they collect benefits?
To collect unemployment benefits the employee (now called a claimant) must establish that they had “good cause” to quit. A common misconception is that a voluntary quit automatically results in a disqualification from collecting unemployment benefits. While most quits, especially for non-compelling personal reasons, are disqualifying, there are significant exceptions. For example, all states may allow benefits for a quit with “good cause” attributable to employment. Careful reporting and documentation of voluntary quits is vital to effectively control unwarranted claims.
Some examples of separations: Quit – Without “Good Cause”
- Job abandonment – no call, no show for 3 or more days
- Look for other work – career change
- Stay home with children
- Get married
- Attend school
To establish good cause in voluntary quit situation, the claimant must be able to show the attempted to retain their position prior to quitting by following company policy and procedures, and by voicing complaints. Employers should be prepared to explain what actions were taken to resolve the employee’s concerns.
Some examples of Separations: Quit – “With Good Cause”
- Evidence of harassment or discrimination
- Working conditions detrimental to health or safety
- Substantial or adverse change in terms of hire such as reduction in hours, pay reduction, changes in duties or work site
- Health or physical limitations
- Care for a dependent parent or child
- Quit for medical reasons
- Personality conflicts
If possible, obtain a letter of resignation and/or conduct an exit interview documenting the reasons for a quit. If an employee is leaving because of an alleged problem on the job, document the background, attempts to find a solution such as transfer to a different location, if possible, or a leave of absence. Note: if you give the employee a choice to quit or be discharged, it will be considered a discharge since continuing work was not available. Likewise, if an employee gives a two week notice and are let go before the two weeks are completed, they will likely be awarded benefits.
The Unemployment System was created during the 1930s to assist those who were unemployed through no fault of their own. It is generally not supposed to compensate those who quit or are separated for cause. By promptly protesting with substantiating documentation, you can have benefits denied and reduce your costs.
Unemployment can be complex, but it doesn’t need to be intimidating. TALX specializes in representing your interest to the Washington ESD, and any other state in which you may operate. As an endorsed provider, TALX can provide you with expert assistance in all unemployment matters including initial claim, hearing, charge audit, rate verification and more.
Article provided by TALX, the WRA’s only endorsed unemployment claims assistance partner. For more information on how TALX can help you control unemployment costs, contact Sarita Veach, 425.413.5842, your local representative in Washington.
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