North Carolina Unemployment If You Quit

You can not receive North Carolina 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 North Carolina, 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 North Carolina Unemployment FAQ Page, click here: North Carolina Unemployment FAQ

To go the main North Carolina Unemployment page, click here: North Carolina 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  

 
# Julio 2011-06-06 07:43
I have a question if you have to resign a job due to spouse relocation not military and have to move to another state and were in good terms with previous employment can you collect unemployment? And how about if I ets out of active army and almost a year has passed since that can I get unemployment off that the military since I never did initially thank you and have a good day.
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# Jay 2011-07-14 08:25
I work at a call center. This company has quality ratings that we receive every week. These ratings are based on doing everything possible to make sure the customers do not call in for months. We have to offer an unreasonable amount of information on each call and missing any of this information will place you below the 95% expectation for EACH call. Many people are being terminated as a result because you may receive only 5 bad grades (which we get one every week) before you are terminated. 2 bad grades = Verbal, next grade = written (which I am on), next grade = final (which I am getting the day I write this) and terminated (which I will be on my next bad grade). I was thinking of quitting, but I heard that being fired was better if you care about unemployment. So, I think I will let them fire me in that case. I am not going to sign my termination papers if they look strange to me. I know many employers will contest your unemployment if you do not sign the final forms.
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# pierson 2011-07-26 09:00
My question is my unemployment office told me that I have unreported wages of around 4000 , does anyone know what's gonna happen to my unemployment at this point or me ?
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# ferguson 2011-09-29 15:09
due to emergency surgery I have been out on FMLA. I will need the full time allowance and then still after that not
be able to return for my full work status. Will the company release me from
employement...or due I need to resign...will I unemployement benefit?
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# Tina 2011-11-03 16:48
I am moving to a new state because I am getting married. I will have to quit my job. I will be looking for employment as soon as I move , but in the meantime I need to have income coming in to be able to look for the reason of gas and up keep on my vehicle,so is there away I might be able to draw unemployment while searching for a new career.. I am a person who wants to work. I just need a little help getting started. Thanks
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# NCchik 2011-11-26 13:36
I worked at a non-profit agency that was planning to "restructure" and move from a centralized administrative approach to a regional administrative approach. One department with several admin assistants had already been told they were losing their postitions within a few months since their duties would be moved to regions all over the state. Although this did not affect my department, the obvious cuts to funding and lack of interest expressed by the upper management made it obvious that this would be the next step. When my daughter and son in law moved because of a job, I chose to leave my position and go with them. Within the month of leaving my department was combined with another. Had I not left only one coordinator (of the 2 of us would have been able to stay - me or one other person). Other departments have also been reduced with many employees leaving. Since the possibility exists that I would have been laid off anyway in 2 months, why can't I draw unemployment?
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# Will 2011-12-04 13:42
NC resident, unable to go work everyday, they increased my job but not my pay, my wife disabled so I was taking her to doctor appointments at least 6 times per months, only one car in the house.. I talked to see if they put help so my job get easier specially when absent because my wife, but no, so I quitted, and no unemployment compesation is possible?
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# idano 2012-01-30 21:21
I have been working in a very hostile environment. a manager has called me names in connection with my national origin (it's the us believe it or not!). I have put in at least 8 transfer applications in the past year and have only gotten one interview. this manager actually said to me after the first interview "i could have stopped it". I have filed a grievance against him and he has retaliated by micro managing me and actually lying on me. i am at the end of my rope, my health is suffering as i am diabetic, i have begun taking anti anxiety medication and have an appt to see a therapist. i have also contacted the eeoc. I would like to know if I can quit this hell-hole and still receive unemployment.
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# Jennifer 2012-03-15 18:21
I have a question regarding this. I quit my position as my family situation changed and the hours were no longer suitable. Shortly before I quit, the work environment changed drastically within the company. There was an atmosphere of hositilty from the owners who it seemed were trying to "weed out" undesirable workers (those who didn't want to convert to their new commission structure). I did tell the general manager when I put in my notice that the atmosphere was problematic and I didn't agree with their recent firings. They asked me to stay and I declined. They accepted my two week notice. They hired a new person during my day off and then called to tell me I didn't need to bother to return to finish out my notice since the new girl was working out so well. Am I eligible for unemployment or are they just a really rude company who didn't let me finish my agreed upon term of work? Thanks!
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# shane 2012-03-19 23:46
I am sure that i will be getting fired from my job this saturday. The question that I have is that I am already on layoff but just started back one day week until the season starts back up and they need me more. Due to the fact that I am on layoff already I have been gettin unemployment benefits for two months. If I do get fired saturday will the firing affect my unemployment benefits? I live in NC.. If so what should my strategy be with my employers if they do fire me? Should I vooice record the meeting? Should I ask them to atleast make it where I can still receive my unemployment benefits/ What should I say? Please help me!
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# Brittany 2012-05-27 18:26
If I quit my job due to not getting paid by my employer am I eligible for unemployment?
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# HNM 2012-07-01 17:40
I want to resign from my job, but can't afford to have income. But I am 3 months pregnant, and highly stressed. 2 years ago I started anxiety medication bc my job stresses me out so bad (well, the people I work with anyways), and I stopped them when I found out I was pregnant...since then my anxiety about work has started to get worse again. Its not good for my baby for me to be having such high anxiety and panic attacks. Would I qualify if I resigned for unemployment? I know people hate their jobs, but these people drive me to tears. I cry when I'm home about not wanting to go back the next day. Mostly bc I have one assistant manager who sits all day and expects me to do all his work, another who complains about her husband all day, and another who gives me the jobs no one else will do. Like delivering in the mid day heat (while pregnant), work 10-2 to do the deliveries then leave and come back to close. When 2 managers would be there in the morning, but neither wants to close bc its a Friday and they don't think its fair for one of them to close 3 nights in one week...but its ok to make me waste my gas to come to work, do the job they're to lazy to bc its hot, then waste more gas to go back home for two hours and come back to close on a Friday bc neither of them want to.
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# Sarah 2012-07-31 09:53
I work as a teacher assistant and never know when my job will be cut. If I quit my job to further my education, can I get unemployment while going to school?
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# Teresa 2012-08-07 10:08
Im resigning due to separation from my husband and moving to another city do I qualify for unemployment benefits?
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# elexus 2012-08-25 00:15
I quit my job because they relocated .they are on the bus line but the move made it a lot more difficult for me to get there being that it required way more buses to travel to the new location .I was also 9 months pregnant at the time that I quit and was at high risk . I applied for Unemployment but was denied because they said transportation was not a good cause for quitting.I applied for an appeal and I'm wondering, what my chances are of winning without a lawyer
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# SLF 2012-10-01 09:14
I am working in a call center. The performance metrics we are graded on, on every call are on every detail from amount of seconds to complete it, to voice tone throughout the call and we get regular quality stats from customers and management. My stats are great and I have won many accolades. the problem is that I have never had the level of anxiety that I have at this place with ANY other job. I throw up in the mornings when I have to go in frequently. I have had a dr. write me a note so that I could be of for a week to get my health stronger. I find myself wishing they would fire me , yet with my stats so high I know that they won't, unless it's for absences due to illness that I've had. I do not like being out of work and I'm glad to have found this place, but it's wrecking my health. If I get laid off due to illness, can I collect UE tilI find another job? Any other advice?
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# beau 2013-01-04 13:34
My husbands hours kept getting cut down and he was forced to quit. Can he get unemployment?
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# J 2013-01-10 07:47
If I live in NC, but have been working in SC and I quit due to no longer able to travel 6-8 hours one way am I eligible for unemployment benefits?
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# vang 2013-02-06 14:32
I work in a place that is so unfair. They treat people badly and favors people they like. I wouldn't have such a big problem with this unfairness but even the point system is unfair with the employees. EVERYTHING THERE IS JUST UNFAIR. I'm just so fed up with everything there. Everyone that left because of snow got a point for leaving. There's people that have already used up their hours and days, some are even negative in hours, they are still there. This company has this rule that if a person wants to go home and can get someone to take their place then they can leave with no penalty. Being in the position that I am in, if the person is not trained to do my job then I can not leave without getting penalized. For example, about a month ago I was having a very bad sore throat that I had to go into Urgent Care and received a note to be excused for two days until the test results returned to see if I had strep and I still got penalized for the two days that I was out. I got two points for that even with an excuse from the doctor. I know of multiple people who are negative in hours or leave at least once a week who still has a full bank of hours. They are still there. How is this fair to everyone, to the people in my position and two others who requires training? I really want to quit and just get out but I have bills to pay. If I did would I be able to draw unemployment? I have never quit on bad terms before. I've never gotten fired before either. The only times that I have left a job was summer jobs and I had to leave to go back to school but I always put in two week notices. I've just really had it with this place.
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# Betty 2013-02-15 02:09
Do I qualify for unemployment? I work in a hositle work place and Ive done every thing I know to stop it. I have proof of harrassment that my supervisor wrote people up. It still happens. I docunment it. My supervisor is waiting for me to do something wrong in return so he can fire me 4 it. can I still qualify 4 unemployment benifits if they fire me? This is building up and people are not gona keep putting there hands on me. What can I do
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# James R 2013-03-03 16:38
I am leaving my current job, giving two week notice and all that. I am taking a contract job in Va. that is 4 months long and will be well compensated. My contract is up on July, 19th or sooner if they see fit. If, I do not get a full time offer, and can not come back to my current job, can i file for unemployment?
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# Jeanee 2013-05-04 16:58
I quit my job because I was stress and I have a newborn at home. Would I be able to get unemployment?
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# Erica 2013-07-02 08:08
I quit my job for two reasons, one due to my manager and two the place I worked at was in a bad area and not safe for anyone. My manager would use me, disrespect me, and put me down on everything making me feel like sh*t and on top of that she made everything so unfair. When she made the schedules I had to work 5-6nights in a row while she did only 2-1. I talked to her about everything but it seemed to make things worse. I would put in the calendar days that I need off 3months before the schedule was made but she made me work anyways.There was time when I needed surgery done but I had to reschedule a whole month before I can have it done because she made me work. She even made me come back early from my surgery before my doctor said I could go back to work. I stayed at my job for over 2years and finally I couldn't handle it anymore. I put in my 2weeks notice but she made me work a month instead of 2weeks. She made my last days back breaking and working the store from open to close with hardly no breaks at all. The safety was terrible there, everyday I had thefts and the people would threaten me, some hold a knife on me and they even try to fight me and the company didn't do anything about it. Its been a few months since all this happen and I have applied to the same store but in different locations but nobody won't hire me and I'm still unemployed. Is there a way that I can apply for unemployment?
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# Michellec 2013-07-16 17:10
I have a question if I have to resign my job due to my husband getting a job in a different state can I collect unemplyment ?
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# Jan 2013-07-28 07:41
similar question as I see above, but there are no responses visible, so I'll ask again: Alan and I have been living together for almost 7 years in the state of MA. He has been unemployed since January of this year, and just received a very good job offer in the state of NC. I will have to quit my job here in MA because its not transferable to NC, if I do that, can I still apply for NC unemployment benefits until I find a new position?
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