What's My Reason For Separation on the Unemployment Application?

When you're applying for unemployment insurance, you'll be asked the reason you are no longer working for your former employer. Unfortunately, the list of possible answers can be confusing, and misconceptions or misunderstandings are common. Many people are tempted to just pick something—it can't matter that much, can it? But picking the wrong thing can lead to a denial, or worse, a nerve-wracking accusation of unemployment fraud. To minimize the likelihood of a denial or audit, you need to understand the terms and how they apply to your situation. Note: This post is for general legal information and is not to be construed as advice regarding your particular situation. Reading or commenting on this post does not create an attorney-client relationship. If you are unsure how to complete the unemployment application, you can ask for a consultation using our Contact Form. No attorney-client relationship exists in the absence of a signed retainer agreement.

Was I discharged, laid off, or quit?

"Discharged" means you were fired. If you were willing and able to keep working, but your employer told you that you weren't allowed to work there any more, you were discharged. A discharge usually means the employer isn't willing to hire you back. NOTE: A discharge does not automatically mean that you are or aren't eligible for benefits. Only a discharge for misconduct disqualifies you for benefits. If your boss fired you for any reason other than misconduct, you may still be eligible for benefits. It's critically important to tell the truth on your application and not hide the fact you were fired.

"Lack of work" means you were laid off. Your position was eliminated, or the employer has seasonal hiring and your term was up. The employer might be willing to hire you again if it gets busier. NOTE: "Lack of work" does not mean you were unable to work the hours offered to you. Instead, it means the employer didn't have work to offer to you. If you were unable to work—for example, because of disability or family situation—that generally means you quit, although you might have had a good cause to do so.

"Quit" means you chose to stop working for the employer, even though the employer didn't make you leave. "Resigned" is a synonym for quit. NOTE: A "voluntary quit without good cause" makes you ineligible for benefits. Before filing your claim, it's important to think about the reasons you quit and be prepared to explain them to the Department of Labor. Quitting amid threats of discharge—"you can't fire me, I quit!"—is common, and raises its own sets of issues. More about quits in another post.

In the next post, I'll dive into "discharges" and some common misconceptions about telling the Department of Labor that you were fired.