THIS INFORMATION IS A GENERAL OVERVIEW OF UNEMPLOYMENT BENEFITS LAW. THIS IS NOT LEGAL ADVICE. AN ATTORNEY IS YOUR BEST SOURCE OF ADVICE FOR YOUR SPECIFIC CASE.
I quit my job, how do I prepare for my hearing?
If you quit your job, you will need to show that you quit your job for “good cause” in order to be eligible for benefits. What constitutes “good cause” for quitting a job is defined by the law. Under a recent Court of Appeals decision (Starr v. ESD), the law states that you can establish “good cause” for quitting your job ONLY if you fall into one of ten set categories. The categories are listed below. Click on the appropriate “good cause” category to see what information you need to prove at your hearing. You may fall into more than one category. Be prepared to discuss all the categories that apply at your hearing.
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I quit my job because I relocated with my spouse as part of a mandatory military transfer.
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I quit my job because my worksite changed and caused a problem with commuting.
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I quit my job because of illegal activities taking place at my workplace.
I quit my job because I accepted a new a job.
If you quit your job because you had another job offer, you may be able to establish “good cause” to quit if you can show the following:
(1) Before quitting your job, you had a definite job offer;
(2) That the person offering the job to you had the authority to offer you a job;
(3) You agreed upon a start date and the terms and conditions of employment with your new employer;
(4) You stayed at your previous job for as long as possible before starting your new job.
For more information, please see RCW 50.20.050(1)(b)(i) and (2)(b)(i) and WAC 192-150-050.
I quit my job because of my own illness or disability or the illness or disability of a family member.
If you quit your job because of your illness or disability or the illness, disability, or death of a family member, you may be able to establish “good cause” to quit if you can show the following:
(1) You left work primarily because of the illness, disability, or death.
(2) Your illness or disability, or the illness, disability, or death of your immediate family member made it necessary for you to quit.
(3) Before quitting, you exhausted all reasonable alternatives to quitting, including telling your employer about your condition (or the condition of your immediate family member) and any special modifications that you might need to continue working. If you need special modifications, you may need to provide a doctor’s note that outlines the necessary modifications.
(4) If your employer offers you an alternative job to accommodate you and you refuse the job, you must show why that job was not “suitable” for you. See RCW 50.20.100 and 50.20.110 for more information.
You may be excused from exhausting all reasonable alternatives to quitting if you can show that going through such alternatives would have been futile.
What is considered a disability?
A “disability” means a sensory, mental, or physical condition that is recognized by or diagnosable by a medical professional. You must show that you have been diagnosed with the disability and the disability substantially limits your ability to perform your job.
Who is in my immediate family?
You immediate family means your spouse, children, step-children, foster children, parents of either spouse, and other relatives who live with you.
For more information, please refer to RCW 50.20.050(1)(b)(ii) and (2)(b)(ii) and WAC 192-150-055.
I quit my job because I relocated with my spouse as part of a mandatory military transfer.
If you quit your job because you relocated with your spouse as part of a mandatory military transfer, you may be able to establish “good cause” to quit if you can show the following:
(1) Your spouse’s new duty station is outside your labor market in Washington or in another state or territory that allows benefits to individuals who quit work to accompany their military spouse. Contact WorkSource to find out if you are living in such a state or territory.
(2) You stayed in your previous job for as long as possible before the move.
You will not be able to establish “good cause” for quitting if you are relocating to your spouse’s home of record or if your spouse is (or has) separated from the military and is relocating elsewhere. Basically, if you are moving because your spouse completed his or her military duty, you are not eligible for benefits under this category.
For more information, please refer to RCW 50.20.050(2)(b)(iii) and WAC 192-150-110
I quit my job to protect myself, or a member of my immediate family, from domestic violence or stalking situation.
Victims of domestic violence or stalking who voluntarily leave work may be eligible to collect Unemployment Insurance benefits from the State of Washington.
In order to have "good cause" for leaving work, the individual must establish that the separation from employment was necessary to protect the individual or the individual's immediate family members from domestic violence, or from stalking.
There are three main categories of domestic violence under Washington law:
1. Physical harm, bodily injury, assault, or infliction of fear of imminent physical harm, bodily injury or assault between family or household members.
2. Sexual assault of one family or household member by another family or household member.
3. Stalking, defined as intentional harassment or repeated following with the intent to frighten, intimidate or harass, which places the victim in reasonable fear of injury to their person, another person, or property.
If you believe you have good cause to quit your job under this category please call the Unemployment Law Project at (206) 441-9178 ext. 10 or (888) 441-9178 ext. 10 (toll free).
I quit my job because my pay was cut.
If you quit your job because your pay was cut by at least 25%, you may be able to establish “good cause” to quit if you can show that:
Your employer cut your usual pay (the amount of money you and your employer agreed upon as part of your employment agreement) by at least 25%. The reduction is determined by the most recent pay, salary, or other benefits you received or accepted on a regular basis.
For more information, please refer to RCW 50.20.050(2)(b)(v) and WAC 192-150-115.
I quit my job because my hours were cut.
If you quit your job because your employer cut your hours by at least 25%, you may be able to establish “good cause” to quit if you can show the following:
(1) Your employer cut your usual hours. Usual hours are determined by the number of hours you agreed to work as part of your employment agreement. If you are a seasonal worker, your hours are determined by the number of hours you usually work in a season. If you a work under a piecework agreement, your usual hours are the number of hours it customarily takes you to complete a set volume of work.
(2) The Employment Security Department will only consider your regular working hours. Overtime or temporary duties will not be considered.
For more information, please refer to RCW 50.20.050(2)(b)(vi) and WAC 192-150-120.
I quit my job because my worksite changed and caused a problem with commuting.
If you quit your job because your employer changed your worksite and the change caused a problem with commuting, you may be able to establish “good cause” to quit if you can show that your employer changed your worksite; that change caused your commuting distance or time to have substantially increased, and your increased commute is greater than is usual for workers in your occupation/field.
You will not be able to establish “good cause” for quitting if you knew of the commute when you were hired.
For more information, please refer to RCW 50.20.050(2)(b)(vii) and WAC 192-150-125.
I quit my job because my worksite safety deteriorated.
According to the law, you can expect that your worksite complies with state and federal health and safety regulations. If you become of aware of safety issues AFTER beginning work, you may be able to establish “good cause” to quit by showing the following:
(1) You told your employer, supervisor, or manager about the safety issue.
(2) You gave your employer, supervisor, or manager a reasonable amount of time to correct the safety issue and he failed to correct the issue. Note: if the safety issue poses a threat of serious bodily injury or death to any person, your employer, supervisor, or manager must correct the issue immediately.
You may also have good cause to quit because of illegal activities in the workplace. Click on the link to learn more.
For more information, please refer to RCW 50.20.050(2)(b)(viii) or WAC 192-150-130.
I quit my job because of illegal activities taking place at my workplace.
If you quit your job because of illegal activities taking place at your workplace, you may be able to establish “good cause” to quit by showing the following:
(1) You notified your employer of the illegal activity.
(2) You gave your employer a reasonable period of time to fix the problem or situation. Note: you are not required to notify your employer if your safety is at-risk or if you are not required to under other state and federal laws (i.e. whistleblower protection laws).
For more information, please refer to RCW 50.20.050(2)(b)(ix) or WAC 192-150-135.
I quit my job because a change in the work violated my religious convictions or sincere moral beliefs.
If you quit your job because of a change in your work that violated your religious convictions or sincere moral beliefs, you may be able to establish “good cause” to quit by showing the following:
(1) Your employer changed your usual work AFTER you were hired. Usual work refers to the work you agreed to do upon hire.
(2) The new work requires you to violate your religious beliefs or sincere moral convictions. Disagreeing with the way your employer runs his business is not enough.
(3) You notified your employer that the change in your usual work violates your religious beliefs or sincere moral convictions (unless to do so would have been futile).
(4) The change in work directly affects your religious beliefs or sincere moral convictions.
For more information, please refer to RCW 50.22.050(2)(b)(x) or WAC 192-150-140.
