Can I get unemployment if I quit my job due to my employer not paying FUTA?

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Can I get unemployment if I quit my job due to my employer not paying FUTA?

My employers has not been paying employee or employer portions of taxes for 6

months now. We haven’t received direct deposit for 2 years, and often receive our

checks a day or two late. Do I have reasonable cause to quit?

Asked on June 11, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this is not considered "constructive termination," or being effectively fired by your employer. It is behavior that ranges from the inconvenient (e.g. a day or two late on paychecks) to the legally actionable (failure to pay the taxes), but it is not conduct which makes your job one which no reasonable person would be expected to stay at; therefore, if you quit, it will be considered a voluntary separation from employment and you will not receive unemployment.
You can sue your employer for money they owe you or should have paid on your behalf (taxes); you can bring their failure to remit taxes to the attention of the IRS or state tax authorities, and/or to the department of labor (to whom you can also report the issue of late payroll payments)--you have various forms of recourse, but quitting and getting unemployment is not an option.


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