Can I collect if I quit my job?

Transcription

1 work LEGAL SERVICES Self Help Series Your Rights to Unemployment Benefits Can I collect if I quit my job? April 2011

2 Introduction You might be able to collect unemployment benefits if you have a very good reason for quitting. The reason must be serious enough that most people in your situation would quit. It could be because of something that was happening at work or, in some cases, at home. You should apply for unemployment right away even if your boss says you can t collect or you worked off the books for cash. This booklet gives a checklist to help you...page 2 gives examples of good reasons for quitting...page 3 tells how to apply for unemployment...page 5 tells how to appeal if you are denied (and more)...page 6 How Do I Prove My Case? If you quit, it is up to you to prove you quit for a very good reason. (If you're fired, your boss has to prove you should not collect.) You may hear the words "good cause which mean "good reason." It may be a problem at work, at home, or with your health. This checklist might help you prove your case. CHECKLIST R YOU must PROVE 4 things: o 1. You had a very good reason (good cause) to quit. o 2. You are able to work. o 3. You can show that quitting was the only reasonable thing to do. o 4. Before you quit... You told your boss about the problem and gave him a chance to fix it. -- OR -- You did not tell your boss because it would not have helped. 2 Call SLS for help or

3 Reasons You Might Get Benefits Problem at Work If something at work caused you to quit, you might be able to get benefits. It is usually a problem with the pay, hours, or working conditions. You may hear the words attributable to your employer. This means the reason you quit was connected to your job or boss. For example, you might get benefits if you quit because: The job is dangerous or makes you sick. The job changed in a way that was bad for you--such as longer hours, a pay cut or major changes in job duties. Co-workers or supervisors treated you unfairly, discriminated against you, or harassed you. You must prove 4 things. See the checklist on page 2. Problem at Home If something at home caused you to quit, you might be able to get benefits. (You may hear this called involuntarily quit. ) For example, you might get benefits if you quit because: You need to take care of a very sick family member. (You will need to show that you can still work.) You need to keep yourself or family safe from domestic violence. (You'll need to show you tried to keep your job.) You lost your ride to work and there is no other way to get there. (This does not include problems with your own car.) You must prove 4 things. See the checklist on page 2. Search our website for help 3

4 Reasons You Might Get Benefits (continued) Health Problem If you cannot do your job because of a health problem, you might be able to get benefits. You must be able to do some other kind of work. You need a doctor's letter or other strong proof. Doctor's letter should include: Your diagnosis or reason you were treated. How the job conditions affected your health. Any work restrictions because of your health. If your doctor advised you to leave the job, include the reason. Whether you are able to do some other kind of work. You must prove 4 things. See the checklist on page 2. Reasons You Will Not Get Benefits You probably would not get benefits if you quit because: You wanted a raise and did not get one. You quit because you lost your childcare. You did not get along with a co-worker or boss. FOOD STAMPS & WELFARE If you quit without good cause, you may not be able to get other State benefits. You could lose: Food stamps (now called SNAP benefits) State welfare cash benefits (also called "TFA") Note: If you have a TFA exemption, you do not have to work and can t be punished for quitting a job. Call Statewide Legal Services. And, see our booklet, TFA Time Limits and Other Programs Available. 4 Call SLS for help or

5 Applying for Unemployment You can apply by phone or online. You may hear the words "file a new claim" or "apply for benefits." They mean the same thing. By Telephone: Call thetelebenefits number for your area. (See page 10.) Online: Go to Apply for unemployment right away... no matter why you left. Choose File A New UI Claim and follow the directions. If you can't apply online, call the TeleBenefits phone line. What happens after I apply? If you quit or were fired, you will have a hearing called a "fact finding hearing. If you were laid off, you should be able to get unemployment without a hearing. Hearing Notice You will get a notice in the mail telling you when and where the hearing will be held. It may be held in person or by phone. The notice will have the "issue" that will be looked at during the hearing. Here's an example: Issue: Whether the claimant voluntarily left suitable work without good cause attributable to the employer... This means the hearing will be about one thing--whether you had good cause or very good reason to quit. Search our website for help 5

6 The Fact Finding Hearing A fact finding hearing is more like an interview than a formal hearing. You will have a chance to explain your side. Your boss will have a chance, too. You will probably not get benefits if you don't take part in your hearing. If you can't go to the hearing, ask for a different day right away. Your boss can go to the hearing, take part by phone, or mail in a statement. If you do not speak or read English well, ask for an interpreter right away. You can explain your story, show paperwork, and have witnesses to help prove your case. (Paperwork could be time cards, doctor's letter, etc.) You will need to prove 4 things. See page 2. If your hearing is by phone, ask how you can mail or fax your paperwork. The Fact Finder's Report At the end of the hearing, the fact finder will write a report about the hearing. The fact finder will ask you to sign the report or to agree to your statement over the phone. Before you sign or agree to your statement, make sure it is correct. If there are mistakes, ask the fact finder to fix them. If you are denied benefits, you can appeal. If you appeal, you will get a hearing. A "referee" takes a new look at your case, including anything you want to add that you did not say at the fact finding. The referee will decide if you can get benefits. Keep reading to find out more. 6 Call SLS for help or

7 How to Appeal the Fact Finding Decision You have 21 days from the date of the decision to file your appeal. You can use an appeal form or write a letter. If you are late, you should appeal anyway and explain why you were late. (It must be a very good reason. For example, you did not receive the decision.) Online Form: Fill out and file an appeal: Print out a copy for yourself. Paper Form: Get an appeal form at your local unemployment office or appeals division office. File it in person, by mail or by fax. Keep a copy for yourself. Letter: Write a letter. Include your name, address, social security number and the date of the decision you want to appeal. Explain why you think the decision is wrong. File it in person, by mail or by fax. Keep a copy of the letter for yourself. What happens after I appeal? Keep filing your claim every week. After you send in your appeal, you will get a hearing notice in the mail. The notice will have the date, time, place and the issue that the referee will cover at the hearing. (If you do not get a notice within a month, call the unemployment office to ask about your appeal.) If you cannot go to the hearing, you should ask for a different day (postponement) right away. If you do not speak or read English well, ask for an interpreter right away. Search our website for help 7

8 The Referee Hearing A referee hearing is not as formal as court, but it is more formal than a fact finding. The referee will explain what happens at the hearing. The referee acts like a judge and looks at all the evidence. Everyone involved (you, your boss, all witnesses) must testify under oath (swear that what he says is true). The hearing will be recorded. Usually the only thing talked about is the issue that is written on your hearing notice. The referee will start by going over the fact finder s report and other documents from the first hearing. The referee will question you and your boss. Listen carefully to the questions and answer as completely and correctly as you can. The referee will ask if you have anything else to add. Important: The referee will look only at information from the two hearings. Once this hearing is over, you cannot give other information (unless the referee keeps the record open). Keep filing your claim every week. If you win your appeal, you will only get benefits for the weeks you filed a claim. 8 Call SLS for help or

9 R Tips to Get Ready for the Referee Hearing Before Your Hearing Start right away. You need time to plan how you can explain your side and find evidence. You can use witnesses and written evidence. If you have a witness, find out what he will say. Make sure your witness will be on time and know where to go. Find your written evidence (documents, papers, copies). Write down what you want to say to prove you had good cause. Bring these notes with you to your hearing. Write down questions you want to ask witnesses. Bring these notes with you to your hearing. Watch a free video that explains what happens at referee hearings. You can watch online ( at the unemployment office, or ask for a copy. At Your Hearing Get to the hearing at least 15 minutes before it will start. If you will be late, call the unemployment office. (The phone number is at the top of your hearing notice.) Bring a pen and paper for taking notes (so you can ask good questions and respond to the testimony). If you don't understand what the referee is saying, tell him. Answer questions honestly. Don't add extra information. Listen to what the other side says. Do not interrupt. You will get your turn to ask questions and respond. Try to stay calm. Being rude or arguing will not help. Search our website for help 9

10 Are There Any Programs That Can Help While I Am Not Working? Call Infoline at or Statewide Legal Services at to find out about getting help with your basic needs for food, money, health care, housing, and more. TeleBenefits Claim Telephone Lines Ansonia Bridgeport* Bristol Danbury Danielson* Enfield* Hamden Hartford Manchester Meriden Middletown New Britain New London Norwich Stamford Torrington* Waterbury Willimantic *If you live in Kent, North Thompson, Salisbury, Sharon, Stafford Springs, Westport or Wilton: call (not available statewide) If you live out of state: call TDD/TTY users: call Call SLS for help or

11 Call us for help Search our website for help Statewide Legal Services or Connecticut Legal Services Bridgeport 211 State Street New Britain 16 Main Street New London 153 Williams Street Stamford 20 Summer Street Waterbury 85 Central Avenue Willimantic 872 Main Street Greater Hartford Legal Aid Asylum Avenue Hartford, CT New Haven Legal Assistance Association State Street New Haven, CT AIDS Legal Network for Connecticut Free legal information, advice, referrals and more for people throughout CT living with HIV/AIDS. 999 Asylum Avenue Hartford, CT or Consumer Law Project for Elders Free legal assistance to seniors 60 and over throughout CT who have consumer problems Legal Assistance Resource Center of CT (LARCC) Community education and public policy advocacy organization addressing issues of importance to low-income Connecticut residents. 44 Capitol Avenue, Suite 301 Hartford, CT This booklet was produced by the Legal Assistance Resource Center of Connecticut in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services. The information in this booklet is based on laws in Connecticut as of 4/2011. We hope that the information is helpful. It is not intended as legal advice for an individual situation. Please call Statewide Legal Services or contact an attorney for additional help. April 2011

12 Call us for help NEED HELP? Search our website for help Statewide Legal Services We offer free legal help in many areas including: $ $ welfare $ $ SNAP (food stamps) $ $ divorce $ $ child support $ $ domestic violence $ $ bankruptcy $ $ special education $ $ nursing home care $ $ health insurance $ $ eviction $ $ foreclosure...and more See reverse side for more about Legal Services.