Is it possible to get unemployment if you quit your job? How do you qualify for unemployment if you have quit your job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible to get unemployment if you quit your job? How do you qualify for unemployment if you have quit your job?
I had been working at a company for 3 years and never had a bad review or write up. However, I was denied a rase and promotion on several occasions while other newer employees where given promotions, raises and new positions that I had requested and worked towards getting. I felt I was being discriminated against and as they could provide no real answers as to why this had happend or what I could do to ensure future promotions. I felt I had no other options but to quit.
Asked on May 9, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In an "at will" employment arrangement, there is no legal obligation for an employer to give a raise and/or promotion to an employee. This is true unless there is a was agreement providing otherwise - company policy, a union agreement or employment contract. Also, not all employees need be treated the same or even fairly. Discrimination in the workplace is not illegal unless it is based on an employee's race, religion, nationality, gender, disability , age (over 40), etc. Accordingly, you had no valid reason to quit. In other words, you did not have "cause". Consequently, since you quit voluntarily, you are ineligible to receive unemployment benefits.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are not eligible for unemployment benefits if you quit because you did not receive raises or promoions. There is no right or entitlement to raises or promotions (e.g. it is perfectly legal for someone to never be promoted or get a raise), and employers are free to give raises and promotions to some employees but not others. Therefore, you employer was doing nothing wrongful or which the law would recognize as making your job impossible or unreasonable. Therefore, your quitting would be viewed as being voluntary, and when you quit voluntarily, you cannot get unemployment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.