One of our employees quit and is now filing for unemployment. Is this person eligible?

Unemployment compensation programs differ by state, so the answer may change depending on the state in which the employee works. However, most states require that an employee be able to work, available for work, and unemployed due to no fault of his own to be eligible for benefits. This typically means that employees who voluntarily leave employment will not be eligible.

However, there are some cases in which an employee who quits can be eligible for unemployment compensation. Employees who quit for “good cause” may be eligible, but “good cause” has a different meaning in different states. In some states, employees who quit to take care of a spouse or other family member, or who quit to escape domestic violence, are eligible. Employees who quit due to unsafe working conditions or a negative change in working conditions could also be eligible in certain states.

Keep in mind that eligibility determinations are made by each state’s unemployment office on a case by case basis. In all states, however, employers should have an opportunity to challenge an employee’s claim for benefits.