If I resigned from my last position due to favortism and ethical issues and my unemployment claim is going to appeals, what do I need to prove?

I notified HR of the favortism that was negatively impacting my paycheck a month before I quit. I also informed HR of questionable practices as well. They told me to speak to my direct superior which I did but was told there was no favortism and because we were commissioned, it was better to risk being fired for questionable practices then be certainly fired for underperforming. Another long term employee also informed me of blatant favortism by my superior they witnessed.

Asked on June 4, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you resigned, you are not eligible for unemployment; voluntary separation from employment, even for what you or most people would consider a good reason, prevents you from receiving unemployment benefits. There is no law against favoritism, even favortism that negatively impacts your paycheck; since there is no law against it, your decision to quit was legally speaking purely you own, this was a voluntary separation, and you almost certainly cannot receive  unemployment compensation. You would have had to have been fired to be eligible for unemployment.

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