Maryland Unemployment If You Quit

You can not receive Maryland 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 Maryland, 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.

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  

 
# lisa 2011-04-17 13:36
iam receiving unemployment now i found a job but i had to quit i was on the road for 3 hours to get to and from this job.i turn the amount that i work for the 2 days on my webcart but i was not paid for my work.now they have me on hold for my unemployment wht is this and will i get it back. please respond asap
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# lisa 2011-07-18 15:07
http://www.dllr.state.md.us/appeals/decisions/8-1001page4.shtml

Voluntary Quit - Section 8-1001 continued - Maryland Unemployment Decisions Digest


Voluntary Quit - Section 8-1001 continued



2. Transportation
Every employee, at some point in her career, has transportation problems. Only when the problems are so severe as to be necessitous or compelling, and where it has been shown that there was no reasonable alternative other than to quit, do transportation problems amount to valid circumstances. Griffin v. Johns Hopkins Hospital, 1313-BR-93.
After the claimant did not show up for a ride to work, he was told that he would not be picked up anymore. The claimant did not show up for work after that. The claimant's leaving was without good cause or valid circumstances. Perry v. Fredco Construction Company, 399-BH-88.

The claimant lost his transportation through his own fault when his car was repossessed. Therefore, he had no valid circumstances for voluntarily quitting. Young v. Robert F. Thorne, Sr., 834-BR-88.

The claimant voluntarily quit because he had no transportation after his car broke down. The claimant made every attempt to get to the job but was unable to do so. The claimant tried to get a loan to repair his car but was unable to obtain one. The claimant voluntarily quit without good cause, but with valid circumstances. Avery v. Robert A. Kinsley, Inc., 240-BR-91.

The claimant voluntarily quit after only three days of car trouble. She failed to make an extensive investigation of transportation alternatives and failed to explain why the problem was intractable. The employer had not given the claimant a final warning. The claimant voluntarily quit without good cause or valid circumstances. Ellinger v. Howard County Government, 422-BR-91.

The claimant was hired to begin work at 7:00 a.m. at a location that was not accessible by public transportation at that hour. At first, the claimant rode with a coworker. Later, the employer let him use a company vehicle. The employer's withdrawal of its offer of the use of the vehicle, after the claimant worked one year in these circumstances, constitutes a valid circumstance. Appleman v. B and J Pool Contractor, Inc., 21-BR-93.

Although transportation to and from the job site is primarily the responsibility of the employee, the claimant's inability to obtain other transportation at an hour when public transportation is not available, constitutes valid circumstances for resignation. Johnson v. Direct Marketing Association, 1814-BR-82.

The claimant lost, through no fault of his own, his only transportation to a job located 50 miles from his home. The claimant accepted this job despite the distance to alleviate his previous unemployment. The claimant's resignation was not for good cause, but was for valid circumstances. Apson v. Kenster Tri-State and Company, 655-BH-83.

3. Distance from Work
The claimant voluntarily moved a distance of 37 miles from her place of employment and then resigned due to distance. No effort was made to resolve the transportation problems. The claimant's resignation was without good cause or valid circumstances. Ennis v. Ramada Hotel, 701-BH-84.

The claimant received threats on her life and for this reason moved 60 miles from her place of work. The claimant resigned due to distance. The reason for the claimant's resignation was personal in nature and does not constitute good cause. However, the claimant had a compelling personal reason for resigning, and valid circumstances were supported. Riggs v. Technitrol, Inc., 922-BR-85.

The claimant worked for a year on a job that was about 400 miles from his family. He could only see his family on weekends. He was also angry with the employer about a bonus which he mistakenly believed was due him. The claimant quit with valid circumstances since he worked extremely far from home and did make an effort to keep working even at the cost of his personal convenience. Ruckert v. Mr. Kool Service Company, Inc., 243-BH-87.
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# kyle 2011-05-09 06:30
My job as a truck driver has caused a cyst to develop on my tailbone due to exsessive sitting. The pain gets very bad after long days at work. I need a job that requires short periods of sitting to help cure cyst. Am I able to collect in Maryland if I leave due to health caused by job conditions?
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# lisa 2011-07-18 15:09
Voluntary Quit - Section 8-1001 continued - Maryland Unemployment Decisions Digest


Voluntary Quit - Section 8-1001 continued




http://www.dllr.state.md.us/appeals/decisions/8-1001page4.shtml

4. Health Problems


a. In General
The claimant had to breast feed her baby and would have had to work in an area of various chemical exposures which could be dangerous to breast feeding. The employer would not extend her leave. The claimant's leaving was for a necessitous and compelling reason and she had no reasonable alternative other than to leave. Her documentation and testimony was sufficient to find valid circumstances. Mills v. Martin Marietta Corporation, 353-BR-89.
The claimant worked 20 hours per week and the job required riding a bus to five different locations per week. This was quite stressful, and caused the claimant's diabetes to worsen. At times she felt shaky and was having problems seeing. The claimant had a necessitous and compelling reason for leaving her job and had no reasonable alternative but to do so. This constitutes valid circumstances. Macon v. Department of Health, 465-BH-89.

The claimant accepted employment knowing that he would be assigned to a trailer which was over 1,000 feet away from the nearest restroom. However, the claimant's stomach problems required that he be near a restroom at all times. When the claimant was unable to work with the restroom so far away, he quit without informing the employer of the problem. Good cause cannot be found where the employer was not informed of the claimant's health problem so that an accommodation might be made. However, valid circumstances are supported. Dunn v. Goodwill Industries, 286-BR-84.

The claimant was physically unable to perform a new assignment, due to a documented medical problem of which the employer was aware. The claimant explained this to the employer, but the employer insisted that the claimant perform the work or quit. The claimant's decision to quit rather than continue to risk his health is a voluntary quit for good cause. Leech v. Leonard W. Kearney, et al., 830-BH-93.

b. Evidentiary Requirements
The claimant voluntarily quit because he was experiencing severe stress and burnout on the job. The claimant produced medical documentation confirming this. The claimant's psychological condition was a substantial cause for quitting. The claimant voluntarily quit without good cause, but with valid circumstances. Friedman v. Maryland Treatment Center, Inc., 1340-BR-91.

The claimant quit without notice after he informed the employer that he was having back problems. Although the claimant produced medical documentation that he suffers from "low back syndrome," he had been working at his job up until his last day of work without any noticeable problems or complaints. The claimant's doctor's notes do not match the claimant's actions and statements prior to his last day of work. The Board found no significant medical injury. The claimant quit without good cause or valid circumstances. Shaffer v. McHenry, 838-BH-90.

There is no requirement under Section 8-1001(c)(2) that the medical document state that the claimant's physician specifically advised her to quit the employment. Miles v. Patriarch, Inc., 1982-BR-93.

The medical documentation required under Section 8-1001(c)(2) of the law need not state that the claimant is needed to assist the ill person. Whether the claimant's assistance was actually needed is an issue of fact which must be decided based on the totality of the evidence presented. Winchester v. Wareheim Air Brakes, Inc., 77-BR-93.

c. Reasonable Alternatives
The claimant voluntarily quit for valid circumstances when he had serious, documented medical reasons for leaving the job. The only alternative available to the claimant was an unpaid leave of absence. The Board has held that an unpaid leave of absence for an indefinite period of time is not a reasonable alternative under Section 8-1001. Since the claimant had no reasonable alternative, he had valid circumstances for leaving. Washington v. University of Maryland Medical System, 1079-BR-91.

The claimant's back problems were aggravated by the conditions of her employment. She has a valid circumstance for leaving the employment because she had no reasonable alternative other than to quit. The claimant's condition does not amount to good cause because there is no evidence that the duties of her position were any more onerous than would normally be expected in such a job. Arnold v. Friends Lifetime Care Baltimore, 767-BH-93.
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# dave 2011-10-06 07:53
my job scheduled me to work a on a day I am normally off . When I told the main manager this is be a problem since I had important plans for that day. I was threatened that if I didn't work it would job abandonment. I did end up working on that day but told a morning manager "who was aware of this" I could not stay the whole shift. I was told near the time I had planned to leave that main manger said if I left it was job abandonment . Now I stayed true to my plans for that day and did leave a hour early. I can not now see how this can be job abandonment when you tell a manager that the day you normally have off and have important plans on is hard to work yet are threatened into working .Now I am with out a job, and no clue if i can receive unemployment.
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# Kristina 2011-11-06 01:44
I was employed for 3yrs. at my latest employer. I seen my family 16hrs. out of the week because of the hrs. i was working. This was fine till i realized it was causing problems for my 6yr. son. Causing behavior problems in school, stating things like "my mom is never home with me or for me." So in order to try to fix this problem I looked into a hardship and to change my shifts which are offered at other institutions but I was told no hardships will be given out! So i talked with personnel and was directed to put in for a 30 day leave of abscense. Was denied with no explanation. So I was left with the choice of keeping my job or helping my son. There was alot of pressure on me knowing that I needed my job but my son comes frist in everything. I feel I did everything to be able to stay at my job but was recieving no help. i was left with no choice but to quit when they have these leaves and hardships for situations like this and are not willing to let people who need them use them.So i was just wondering if I would have a chance of unempolyment benefits?
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# Sherry 2011-11-09 21:33
Husband retired and we are moving out of state. I am quitting my job after 23 yrs. If I can't find employment there, can I collect unemployment until I do?
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# susan 2011-12-06 13:11
I'm employed in MD but live in another state. Although I've been told that I am not being terminated, my job is being restructured so that it no longer is at the same level of responsibility (in other words, the restructured position is not the same job that I accepted). In PA this is considered acceptable grounds for leaving voluntarily while still being eligible for unemployment benefits; is this also true in MD? Or do I need to start collecting evidence that this is creating a hostile work environment (this won't be difficult) and go the lawsuit route?
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# Courtney 2012-03-05 00:33
I've been at my job for about a year and half. When I first started I was driving about 80 miles back and forth everyday to work everyday. But in the last 4 months we have moved and now my commute is about 120 miles back and forth everyday. Gas has recently gone up dramatically and and with the money I make I cannot afford to continue to work so far from my home. If I quit do I stand any chance of receiving unemployment?
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# c 2012-03-06 21:11
i worked at a md company for 3 years. i was going through a divorce, and my ex suppenad my place of employment for work records eg 401k, all hours worked and so on. they received the suppena on a wed and by friday of the following week they were "letting me go" due to an apparent error they found in my paperwork .
It was so bogus, no recourse, no option to correct. just fired. as it turns out i found out by other employees that month few weeks prior they terminated their book keeper due to him screwing up the books, the company was non profit.
they knew when they had to show up in court with the request form my ex lawyer they would show faulty bookwork so the solution was to fire me. when i applied for unemployment i was denied because the place said they let me go due to error in paperwork. I told unemployment it was quite mysterious that they allowed me to continue to work for a week and a half after the error and then let me go. i was still denied unemployment and ended up living off credit to pay rent and food for 6 months it took to find another job. now i am paying that debt off. what is the recourse on this. is this fair. oh and they also waited to terminate me at the last day of the month so the following day i had no health insurance.
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# brenda D 2012-05-09 16:21
i was fired for just cause, went through arbitration and lost, have not been able to get work, it has been 5 months, do i qualify now to get any unemployment benefits?
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# nancy 2012-06-28 14:12
Hi, I was on long term disability through my company which they and I reside in Maryland. In Feb 2012they decided they wanted to replace my position if I wasn't returning to work at that time, but my doctor wouldn't release me and I didn't feel ready to return so they replace me, but kept me on as an employee until May 2012, which is the companies policy, and I was let go on May 23, 2012. My doctor released me from disability in June, so I applied for unemployment, I meet the monetary requuirements, but they are saying my company says I quit my job, which I didn't...I had planned to return to work at my co as soon as my doctor would release me from LTD, but they let me go beforehand. Do I qualify for unemployment? I'm waiting for a phone interview, but am not sure what to do or what will happen...how can they say I quit? And they are saying I quit the company twice. Will I qualify for unemployment? what should I do? Any help is greatly appreciated.
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# John S. 2012-07-18 19:04
I have been on unemployment for nearly three months after my previous employer closed its business. I now have an independent contractor position over 250 miles away where I am reimbursed for my hotel expenses. However my residence is still in Maryland and I travel back on the weekends. If I leave this contract after three months due to the distance from my home, or if I lose this contract position will I be able to get back on unemployment?
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# Jay A. 2013-05-20 10:58
I have worked at my job 11 years. We were merged with another company by our Parent company. My new Boss has decided to close our shop and have us start reporting daily to another location that makes my daily comute around the DC beltway from Annapolis, MD to Gaithersburg, MD. Aprox. 120 miles round trip a day. Traffic reports show it would be aprox 4 hours of travel a day with traffic. I would not see my daughter awake until weekends. They are also ending my position as an electrical engineer and making me a possible field laborer. Not what my carrer has been. If I quit will I recieve employment benifits?
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# Carol 2013-07-25 16:25
I have been at a job for a little over 3 months, or my 90 probation period. My Manager is really intolerable and has put me under extreme stress. I have received my 90 day review which was the worst review I have ever received in my 40 years of working. I made them aware that I have Fibromyalgia only because I feel I am experiencing "Fibro Fog" due to the amount of stress. They did not terminate me, but were originally going to, Instead they gave me 60 probation period. My concern is that they are going to increase the amount of stress to make me quit my job. I have had to seek a Psychologist to help me with my desperate feelings and depression about the job. I want to quit to save my sanity but I am afraid because I won't receive unemployment benefits if I quit, I just don't know mentally how long I can take this abusive type of behavior from my Employer. What am I to do,
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