The examiner will decide if you can receive benefits based on Unemployment Insurance laws and regulations. To remove a disqualification for voluntary leaving, you must return to work in covered employment for at least eight weeks, earn at least 10 times your weekly benefit rate, and then become unemployed through no fault of your own.
If you were fired or discharged from your job, you may not be eligible for benefits. A claims examiner will determine if there was any misconduct connected to your separation. A misconduct disqualification would begin the week your firing or suspension occurred, and continue for the next five weeks. After the disqualification period ends, you may be eligible to collect benefits. If you were fired for any reason that is serious enough to be considered a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice , you may be disqualified from collecting benefits indefinitely.
This is known as a gross misconduct discharge. To remove a gross misconduct disqualification, you must return to work in covered employment for at least eight weeks, earn 10 times your weekly benefit rate, and then become unemployed through no fault of your own. In addition, the wages you earned with the employer who discharged you cannot be used to establish a current or future claim for Unemployment Insurance benefits, or to remove a disqualification.
These decisions may lead to a better qualify of life and higher job satisfaction -- but what they won't lead to is an unemployment check. In some states, former employees are eligible for benefits if they leave a job for compelling personal reasons -- for example, to relocate when a spouse gets a distant job or because a family emergency requires the worker to be home.
In other states, benefits are available only if the employee's reasons for quitting are related to the job. Your state may recognize additional covered reasons for leaving a job, such as moving to be with a spouse who has taken a distant job or been reposted by the military. In some cases, the employee may be subject to a disqualification period -- a stretch of time during which benefits are not available -- before becoming eligible for unemployment.
To find out more about your state's laws, contact your state unemployment insurance agency. You can find links and contact information for every state's unemployment agency at Career One Stop , a site sponsored by the federal Department of Labor's Employment and Training Administration.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. If you quit a job without good cause, you may not qualify for unemployment benefits. Here are some reasons for quitting that might entitle you to collect unemployment. Constructive discharge. Most states allow employees to collect unemployment if their work situation had grown so difficult that they were essentially forced to quit for example, if you feel that quitting is the only option because of constant sexual harassment, dangerous working conditions that your employer refuses to remedy, or a manager's demands that you commit an illegal act.
Important: Most customers are required to register for CalJOBS and create an online resume that can be viewed by employers.
You must meet this requirement within 21 days of receiving your Notice of Requirement to Register for Work DE form. Failure to meet this requirement can result in a delay or loss of benefits.
We will schedule a phone interview to discuss your claim and circumstances. If you quit, you must prove good cause for quitting. If you are fired, your employer must prove there was misconduct. Either party can disagree with the decision and file an appeal.
If you do not receive a call at your scheduled appointment time, we may have canceled your appointment because we confirmed your eligibility or resolved the issue before your interview. If your appointment has been canceled, it will no longer show in UI Online. Check UI Online for your current payment status. To be eligible for benefits, most people are required to conduct a reasonable effort to search for suitable work. We advise you to keep a record of your work search dates and employer contact information for future use and potential eligibility interviews.
For more information, visit Job Seekers: Returning to Work. The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.
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