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Voluntary Leaving Cases

In a voluntary leaving case, the burden is on the claimant to prove:

 

(1) That the leaving was with good cause attributable to the employer, or

 

(2) That the leaving was involuntary, (for example, due to health reasons).

 

To show that a leaving was with good cause attributable to the employer, the claimant must prove that some condition existed that made continued employment unacceptable to a reasonable person. This condition must have been brought to the employer's attention and the employer did not correct it.

 

Unsafe working conditions, failure to pay wages when due, or failure to provide promised benefits or promotions (things over which the employer has control but does not correct) would be examples of situations that could provide a claimant with good cause attributable to the employer for voluntarily leaving a job.

 

To prove that a leaving was involuntary, the claimant may, for example, show that there was a health reason, verified by a doctor, that prevented the claimant from continuing to do the job, that they informed the employer of this fact and tried to find another job with the same employer, but were unable to do so. (However, a person who is unable to do any work they've done in the past or been trained to do, is no longer part of the labor force, and would not be eligible for unemployment benefits until again able to work.)

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Related Content
 •  Introduction
 •  Basic Terms Used at a Hearing
 •  Why Is It Important To Attend The Hearing?
 •  What Happens First?
 •  Preparation Before The Hearing
 •  Who and What Should Be Brought to the Hearing?
 •  What Happens At The Hearing?
 •  What Happens After the Hearing?
 •  Burden of Proof: The Key to Making Your Best Case
 •  Misconduct Cases
 •  Refusal Of Suitable Work Cases
 •  Eligibility For Benefits
 •  Liability/Tax Issues
 •  Some Final Words

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