If a claimant voluntarily quits their job, they are disqualified to recieve unemployment benefits unless they quit for good cause attributable to work. In some cases, the claimant has good cause to voluntarily quit, but the Division of Employment Security initially determines that they did not have good cause and the claimant must file an appeal of that decision. If you are determined to have volunatrily quit your job without good cause, you should consult an unemployment appeal attorney immediately because there are specific deadlines for filing each step of your appeal.
The burden to prove an employee quit for good cause is on the employee claiming they are eligible for benefits. Good cause includes separation from work due to illness or disability or another reason that compel a reasonable person to cease working for the employer. The claimant needs to have done everything possible to keep their job prior to quitting including requesting accommodations to any physical issues limiting their ability to continue working, requesting a leave of absence until a temporary condition resolved, or speaking with management to resolve any ongoing work conditions that would make a reasonable person quit.
An example of a reasonable reason to quit work would include where an employee is no longer able to fulfill the physical requirements of a particular job, but is not unavailable for work because they could still work another job without those physical requirements.
If you disagree with a determination that you voluntarily quit work without good cause and are considering filing an unemployment appeal, contact Flesner Wentzel today. Call our St. Charles law office at 636-442-4529 to speak with an experienced unemployment appeals attorney about your case in a $150/30 minute consultation. Se habla Español. *Subject to availability*