Can someone draw unemployment if they quit their job for good reasons and they are now working 5 days a week and the company is doing illegal things?

Answer 1

Actually Report the illegal "things" are extremely controversial.

You need to follow your states unemployment guidelines in order to find out acceptable reasons to quit work, otherwise known as a voluntary quit.

There are many processes a person must follow in proving "illegal things" to include other witnesses who are willing to speak out against the company and a lengthy process of what you have done in your reporting of the illegal activities.

I am in the State of Washington and there are many reasons a person can quit and get benefits....and basically it is as follows:

Document, Document, Document....if you are going to try and prove they are doing illegal things as your interpretation may not be viewed by the Employment Security department the same way....

GOOD LUCK!

Washington State Employment Security Department Voluntary Quit Question and s

1. How many claim separations were allowed under Washington State's voluntary quit provisions in 2002 (or the latest year for which statistics are available)?

A. 16,658.

2. What percentage of voluntary quit separations were allowed, and what percentage were denied, in 2002?

A. 24.1% allowed, 75.9% denied.

3. What is the number of voluntary quit separations allowed/denied in 2002?

A. 16,658 allowed/ 52,357 denied (69,015 total).

1. What percentage of total beneficiaries does the voluntary quit - allows represent in 2002?

A. 3.9% (16,658 divided by 425,557 beneficiaries).

5. Is dissatisfaction with existing wages or working conditions sufficient reason to allow a worker to quit a job and receive UI benefits under the current system?

A. No, RCW 50.23.050(3) states that good cause shall not be established "because of any [other] significant work factor which was generally known and present at the time he or she accepted employment, unless the related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor…"

1. If a worker is dissatisfied with the distance that s/he normally has to commute to work, and his or her commute hasn't been changed by the employer, may s/he quit a job and receive UI benefits under the current system?

A. No, dissatisfaction does not meet the criteria established in RCW 50.20 050(3) which specifically states "Good cause shall not be established for voluntarily leaving work because of its distance from an individual's residence where the distance was known to the individual at the time he or she accepted the employment and where, in the judgment of the department, the distance is customarily traveled by workers in the individual's job classification and labor market."

7. If a worker quits his or her job because s/he doesn't get along with a supervisor or coworkers, may s/he quit her job and receive UI benefits under the current system?

A. No, unless circumstances create a hostile work environment - i.e. sexual harassment, discrimination, etc.

8. If a worker quits his or her job to provide full time care to a seriously ill child or spouse, can s/he receive UI benefits under the current system?

A. We would allow the quit, but no benefits would be paid because they are not able, available and actively seeking work. At such time that the person becomes available for work they could refile.

9. If a pregnant worker quits her job in order to stay home and prepare for her baby, may she receive UI benefits under the current system?

A. No, because the quit would be for personal reasons and because she would not be able, available and actively seeking work. If the woman had a medical reason that she could not work then the answer to #8 would apply.

10. If a worker's childcare provider quits, may the worker quit her or his job and receive UI benefits under the current system?

A. No, because the quit was because of domestic responsibilities, not work-related reasons, and s/he would not be able, available and actively seeking work.

11. If an employer changes a worker from day shift to night shift, and s/he doesn't want to work night shift, may the worker quit his or her job and receive UI benefits under the current system?

A. The answer depends whether or not the shift is customary to the occupation. An employee is expected to be available for all customary shifts.

12. If a worker quits his or her job because s/he believes that she or he is about to be subject to a wage garnishment action, can s/he receive UI benefits under the current system?

A. No. However, if the employee is fired because of wage garnishments it is allowed because it was attributable to the employer and the employer did not establish misconduct.

13. If a worker quits his or her job because s/he is in jail, may s/he receive UI benefits under the current system?

A. No, because the quit was for personal reasons and she or he would not be able, available and actively seeking work.

14. If a worker quits a job to resume school or training, can s/he receive UI benefits under the current system?

A. Normally no because it is a personal reason for quitting work. However, there are specific exceptions for Trade Adjustment Act and Commissioner Approved Training (CAT). For example, under CAT, you are required be enrolled full time and making satisfactory progress in a training program or you need to be looking for work. During school breaks you are required to look for work. Many participants take a "survival" job for the summer (fast food, service, etc.) then quit to resume previously approved training.

15. May a worker who has received a layoff notice in advance of actual layoff quit his or her job and receive UI benefits immediately, under the present system?

A. No. If the "WARN" notice, for example, says June 15th you can't draw benefits until the Sunday of the week that includes June 15th. Not everybody who gets a WARN notice gets laid off so fact-finding with the employer would take place to determine if the individual would have been one of those actually laid off. The worker could quit two weeks before but could not draw benefits until the week the lay off would occurred.

16. If a worker quits his or her job because the employer is about to give a drug test, may s/he receive benefits under the current UI system?

A. No. This would be quit for personal reasons and does not meet the standard for good cause.

17. If a worker quits his or her job to follow a spouse who has accepted a new job with a new company located in another city, may the "following spouse" receive UI benefits under the current system?

A. No, the only time a person could qualify for UI when following a spouse is when the transfer is an employer initiated mandatory transfer such as a military transfer.

18. If a worker quits his or her job in order to follow the fiancé to a new city, may s/he receive UI benefits under the current system?

A. No. This would be quit for personal reasons and does not meet the standard for good cause. After the marriage takes place it is considered a quit for domestic reasons, not good cause.

19. If a worker quits his or her job to follow the spouse to medical school in a different city, may s/he receive UI benefits under the current system?

A. No. This would be quit for personal reasons and does not meet the standard for good cause.

20. A worker quits his or her job because s/he has been sentenced to six months jail time. After release from jail, s/he is unable to find work and files for UI benefits. Does s/he qualify under the current system?

A. No. This would be quit for personal reasons and does not meet the standard for good cause.

21. A worker is sentenced to jail for embezzlement from his or her employer. Under what circumstances would s/he qualify for benefits?

A. The wages earned from the original employer would be eliminated from the UI wage record, plus s/he would be denied for seven weeks and until s/he earned seven times his or her weekly benefit amount (7x7). After serving the 7x7 denial, s/he could requalify when s/he has 680 hours of covered employment in his or her base year.

22. A worker serves 24 hours in jail on a non work-related DUI. S/he returns to work and is fired. Does s/he qualify for benefits under the current UI system?

A. Yes. Unless having a clean driving record is a part of the job requirement - i.e. school

bus driver, the use of alcohol off the job reflects directly on the job, or the claimant had been warned about absenteeism, or other work-related factor.

23. If a worker is fired for refusal to take a drug test, does s/he qualify for UI benefits under the current system?

A. No, this would be considered a constructive quit. The worker took an action that s/he knew would result in termination.

24. Can a worker refuse to take a job because a drug test is required and still receive UI benefits under the current system?

A. No. If there is an offer on the table and they refuse it they do not qualify. If the screening process is part of the application process and the person does not want to take the test then they may get UI. In addition, if the person was referred to the job by ESD and refused to apply because of the drug testing requirement, this would be considered a referral refusal and would be denied.

Requalification

1. In cases where a worker is disqualified for voluntarily leaving a job, under what circumstances can the worker establish eligibility anew?

A. The worker would be denied for seven weeks and until s/he earned seven times her weekly benefit amount. For quits for domestic or marital reasons it is 10 weeks of reporting in person to a WorkSource office.

2. Is the employer with whom the worker quit his or her job charged for these future benefits?

A. No, the employer is automatically relieved from charges or can request relief from charges (if not automatically relieved), unless the employer is a reimbursable or local government employer.

3. Are workers who are eligible for benefits because they quit for "good cause" exempt from looking for work or accepting jobs?

A. No.

Misconduct

1. If a worker is fired from his or her job for intoxication or drug use on the job, does s/he qualify for UI benefits under the current system?

A. No. If the claimant was fired for drug use off the job it would be allowed unless connected with job, see school bus driver example.

2. If a worker is fired for stealing tools or equipment from the employer, does s/he qualify for UI benefits under the current system?

A. No, the employer can clearly show harm and there is a direct connection to work requirements.

3. If an employee is fired because s/he refuses to work extra hours in order to complete a project, does s/he qualify for UI benefits under the current system?

A. This will depend on the specific circumstances. If extra hours and an irregular work schedule is part of the job description then it would be denied. If extra hours and an irregular work schedule is not the norm and if there was insufficient notice of the longer hours it may be allowed. These decisions are made on a case by case basis.

4. A worker is fired for violating a company rule on horseplay on the worksite, after being warned. Can s/he qualify for UI benefits under the current system?

A. No, but an employer must show that they were harmed or that a reasonable company rule was violated.

5. A worker is fired for repeated unexcused tardiness. Can s/he qualify for UI benefits under the current system?

A. Normally no. But if the tardiness were for medical reasons that they cannot control it may be allowed.

No... No... & report the illegal "things"