People often ask us, if I quit my job, can I still recover unemployment benefits? The answer is, “it depends.”
There is a common misconception that an individual who quits his or her job will not be entitled to receive unemployment benefits. Fortunately, that is not always the case. An individual who voluntarily separates from his or her job may receive unemployment benefits if they can show a “good work related cause” for their separation. A showing of “good cause” usually requires that the employee show that the terms and conditions of work have changed in a manner such that a reasonable employee would not be expected to continue that employment. Though each case is different, The Georgia Department of labor and Georgia Courts have held that, under certain circumstances, the following situations may constitute good work related cause for leaving a job:
- work conditions that either cause or aggravate a pre-existing medical condition to the extent the employee is unable to perform his or her job duties;
- downgrading an employee’s position for reasons other than the fault of the employee;
- a reduction in salary that falls below a reasonable rate for that industry or trade;
- severe physical or verbal threats made by a co-worker or supervisor;
- a material breach of the hiring contract by the employer;
- unreasonable employer rules as related to proper job performance;
- quitting after receiving notice of termination, but prior to the termination date;
- being given the choice between quitting or being terminated.
Even if your situation differs from the situations listed above, you may still be entitled to benefits if you were given no reasonable choice, but to quit your job. So, if you have quit your job, or are thinking about quitting your job, call us! Voluntary separation cases are typically much more complex than termination cases, and we have the knowledge, expertise, and experience to guide you through the process. Call us at (678) 369-3609 or use our contact form.