Kentucky Unemployment If You Quit

You can not receive Kentucky unemployment benefits if you quit your job.

IF YOU HAVE A JOB, DO NOT QUIT IT

IF YOU QUIT YOUR JOB, DON'T EXPECT TO COLLECT UNEMPLOYMENT

IF YOU HAVE A JOB, AND ARE LOOKING TO CHANGE JOBS, DO NOT QUIT YOUR JOB UNTIL YOU HAVE A NEW ONE

In order to be eligible for unemployment benefits in Kentucky, you have to have lost your job through no fault of your own. This means that if you quit your job, you can't get unemployment.

Be sure that you can not quit your job because you didn't like it, or it was too hard, or because it didn't pay enough, or because the hours didn't work for your schedule - and still expect to collect unemployment.

If you are in a hostile work environment, or otherwise feel like you have to quit for a very good reason (such a threat to your health or safety), please take the following advice:

(See this forum thread for the whole story: http://unemploymenthandbook.com/forum/showthread.php?t=1708 )

The laws and requirements for unemployment eligibility vary from state to state, but most states do not allow you to collect unemployment benefits if you voluntarily quit your job. If a state does allow you to collect unemployment when you've quit your job - the requirement to do so will be VERY difficult to meet.

In most states, if you are fired for cause you may still be eligible to receive benefits - and the requirements in this case won't be as stringent as if you had quit.

It is my understanding that employers generally do not comment extensively on previous employees, or on the reason that they are not longer at their company, for fear of being sued. Most employers will generally verify employment dates and not comment on the reason you are no longer there, or offer any further details.

If your company fires you though, you can be sure they won't be writing you any recommendation letters.

I know how difficult a hostile work environment can be. I've been there. Still, I would suggest that you do not quit your job. If it is a large corporation, you should talk to someone in the Human Resources department about your situation and the hostile work environment. If you get fired and you have a wrongful termination case, it will be more difficult to appeal your case to the employment commission or more difficult to bring a wrongful termination lawsuit - as you will have willfully quit.

Millions of people are out of a job - so it looks like you'll be diving head first into a very difficult job market, no matter if your fired or quit.

Make them fire you.

Go on about performing your job duties, and do not do anything to provoke them to fire you. If they're going to fire you, they'll do it. If they continue the hostile work environment tactics, or increase them - you should contact the employment commission to see if you have any recourse or protections - as there are federal laws against hostile work environments.

VERY IMPORTANT:

Don't sign anything!

Don't sign any releases, forms, waivers, or anything.

If they present you with paperwork that has to be signed in order to receive a severance or your last check -- Don't sign it!

Take it to a lawyer, law school, smart aunt or uncle, or research and ask about the terms in the document online.

If you do end up signing it - remember that it is a legal document, so understand and agree to everything in it before you sign it. Also, remember that the terms are negotiable, because it is essentially a contract. If they want you to agree to their terms, you have the right to either:

a. Not sign it.
b. Negotiate the terms of the agreement.
c. Sign it.

Examples of ways you can negotiate this legal document, which is often referred to as a 'Separation Agreement':

a. Demand that the agreement state that you are being laid-off, not fired.
b. Demand that the company will not challenge your claim to collect unemployment benefits.

Still Have Questions?

To go back to the Kentucky Unemployment FAQ Page, click here: Kentucky Unemployment FAQ

To go the main Kentucky Unemployment page, click here: Kentucky Unemployment

Maybe We Can Help: 

If you can't find the answer to your question, you can fill out the comment form below and I will answer your question ASAP, or you can ask the The Unemployment Expert or you can post your question in the Unemployment Forum

Comments  

 
# helena 2011-08-18 09:03
i have been put on medical restrictions by my dr. my work place has ignored this and i have no choise but to do my work or quit if i quit can i receive unemployment? or what should i do?
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# Pat 2011-11-11 00:41
Take the wriiten statement to your human resources.If it does not help then contact a lawyer. I am almost positive that the dr's note would hold up in court.
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# Mary 2011-11-13 11:04
I'm gettingg ready to quit my job is cause me lot of stress and 2nd miscarriage in 3 months.they drop my pay down cause I have to miss work for 1 day for medical reason and I dont know what to do,I dont know if I will qualify for unemployment until i find another job
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# Tony 2012-01-12 08:47
if i collected unemployment for a couple of weeks at the beginning of 2011 and now i have quit my job due to fear for my physical health and safety can i just reopen my claim or do i need to file a new one. i operate heavy equipment at a surface mining job and i have recently been in the hospital with heart problems,Afib, hypertension, etc. the safety director was recently fired for trying to do his job at my place of employment but he has sued the company and they have been ordered to give his job back until his case is settled. i believe the stress and safety issues of working for this employer is the result of my health problems. do i have a chance of getting unemployment while i look for another job. thanks.
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# totallyhappygurl 2012-01-29 23:40
I broke my foot in 3 places and was on FMLA leave. I ran out of FMLA leave and got a call from my employer stating that my second medical leave had been denied.
I was not released from my Dr. due to one of the bones having a non-union. My job was production in a factory, so I could not walk. When they called and said my 2nd medical leave had been denied I took this as being fired. I filed for UI once I got the dr. to release me with restrictions. I then got a denial from unemployment saying my employer said I quit. I never quit my job in any way and was unable to walk, let alone come back to work.
I have my appeal on Feb.8 and just would like to know what my odds of getting this are? I am willing to take this as far as I need to since I did try everyway to keep my job and they denied my extended leave. Also other team members had recently gotten there extended leaves approved. Can anyone tell me if they think I will win this case? I am very nervous as I am single and about to loose everthing I have worked my life for. I was at this company for 14 years.
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# Targeted 2012-03-09 11:36
My place of employment has become increasingly hostile. I have been called on the carpet repeatedly, written up, and yet my job performance is comparable to and in some cases surpasses many of my co-workers. I am having severe anxiety due to my job and the fact that I feel as if I am constantly under a microscope with people waiting for me to make even the slightest misstep. Additionally, my job requires that we be on call 24/7. Also, our jobs as in home therapists require us to go in to client's homes, where they smoke, and we are not allowed to ask them not to. I have asthma and am frequently having to be treated for sinus infections and bronchitis. Also, we are sent out to these homes, many of them in rural areas where we do not have cell service and have no way of contacting anyone for help if we get into dangerous situations (many of our clients have mental health issues, substance abuse issues, and are in domestic violence relationships). I need to quit this job, but I can't afford to, and I'm so stressed out and the work load is so heavy, I don't have time to look elsewhere for employment.
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# RICKAT 2012-06-19 00:23
I WORKED FOR A SCHOOL DISTRICT AS A BUSDRIVER, AUGUST OF 2011 FOUND OUT I WAS A DIABETIC WHICH ACCORDING TO STATE LAWS I CAN NO LONGER DRIVE' ALSO AM BEING TREATED FOR CARPEL TUNNEL. ; AND ARTHRISTIS; THEY OFFERED A CUSTIODIAN JOB TOO ME AT HALF THE PAY AND LESS HRS; I STATED MY CONCERNS OF ABILITY TO PERFORM JOB ALSO GAVE THEM MEDICAL NOTES STATING PHYSICAL LIMITATIONS.NOW THEY ARE STATING I REFUSED JOB' WHAT COURSE OF ACTION CAN I TAKE AGAINST THEM
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# joseph 2012-08-17 11:13
i work in construction and have been working 230 miles from home on a prevailing wage job. we have a base pay that goes on our check and benefits that are to go into a 401K that they are to pay in weekly. in the last 2 months our checks have been late 4 time then last week we found out that they had not paid into any ones 401k in the last 2 months, they now owed me over 3,000 dollars that i have still not received. what happened was illegal and i quit because of it and filed a complaint form with the Kentucky labor cabinet. i found out they denied my unemployment this week. I was driving 230 for work and then not getting paid my full wages will i be able to appeal and get unemployment?
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# ToddW1864 2012-09-04 05:34
I have an open claim in Colorado, though I'm not drawing UI at this time, the claim expires 11/17/12. I was also working in N. Dakota ( 3/19/12 - 6/19/12 ) I quit my job and came to KY. for family reasons. I have approx. 500 hrs. I started a new job in KY. 9/1/12 . I am enrolled in college and will start in early January '13. I will work until then. Will I be eligible to draw UI when I start school ? as my home state of Washington allowed it .
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# Sara 2012-11-29 05:22
I have been at my job for 13 yrs we were bought by owners from India they have taken a lot away from our employees and given to the employees in India I am a manager of a dept now they are wanting to send my dept to the india people to do and I am to train them If I quit can i get my unemployment?
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# Jessica 2012-12-11 09:26
I have had to quit my job in order to relocate to another state and aid my mother who has undergone a spinal fusion surgery due to a diagnosis of spinal stenosis. She is unable to care for herself and unable to afford an in home nurse. I have been actively seeking employment in this new state for 6 months prior to me leaving my position and relocating and continue to actively seek work, submitting anywhere from 10-40 resumes a WEEK. I was under the impression that quitting a job under the basis of caring for a parent or dependent was considered eligible. However, I have been denied benefits, which stated issues of Availability and unde restrictions regarding willingness to look for and accept suitable work, which couldnt be FARTHER from the truth! For my appeal, should I include email confirmations of resume submissions to prove the identified issue false? Thank you.
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# brianna 2012-12-16 22:58
yes i am a military spouse and my husband is about to ets out of the army and the job i work for will not let me transfer if i quit because of the army relocating us will i be able to draw unemployment
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# LEE 2013-02-06 13:42
I QUIT MY JOB BECAUSE OF A HOSTILE WORK ENVIORNMENT AND RETALIATION...MY SELF AND OTHER CO-WORKERS TOOK ALL THE REQUIRED STEPS TO REPORT OUR SUPERVISOR TO HR...NOTHING WAS DONE AFTER REPEATED CALLS AND LETTERS WERE SENT TO HR...I WAS THE LAST EMPLOYEE TO LEAVE THERE WAS A TOTAL OF SIX OF US...I WAS ASSAULTED BY A PATIENT WHILE I WAS THERE ALSO AND I WAS STILL FORCED TO WORK WITH THAT PATIENT...I FILED FOR UNEMPLOYMENT AND MY EMPLOYER CALL ON THE LAST DAY TO FIGHT IT..NOW I AM APPEALING THIS..DO I HAVE GOOD CAUSE?..I THOUGHT THAT I WOULD WITH AN ASSAULT ON ME AS WELL AS BEING BULLIED AND RETALIATED AGAINST BECAUSE WE REPORTED HER TO HR..WHAT DO YOU THINK
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# Jaymie 2013-04-13 20:50
I'm currently living in KY. If I have to relocate to AL because my boyfriend and I broke up, can I get unemployment?
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