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6:11 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Can you collect unemployment if you quit your job?
Question: Can you collect unemployment if you quit your job?

Answer: Sorry, there are a bunch of different rules. In general no but there are a lot of exceptions. Did you quit because of some unlawful actions such as sexual harassment, age discrimination or diability discrimination. Are you prepared to make your case before an unemployment hearing officer in which you use an attorney or act as your own attorney like the People's Court while present clear evidence that is stronger than your employer's evidence? People who quit work solely due to an adequate health condition or disability condition (technically you do not need a doctor's evidence), may qualify for benefits if they give the employer prior notice and the employer does offer an alternative job that pays 85% of your old salary and will not be affected by the health condition. This would be a case where a lumberjack with a broken arm might be able to work as clerk.

For instance, if you have been physically assaulted by a co-worker or a boss you may be able to get benefits. But maybe not if you started the fight. Anyone can apply for unemployment benefits 707-1290 in the Raleigh area and 888-737-0259 around the state.
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