Can my husband get unemployment insurance if he takes a voluntary layoff?

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Can my husband get unemployment insurance if he takes a voluntary layoff?

The company where my husband works has been doing layoffs based on seniority and he is now on the bottom of the list. It has been extremely stressful waiting to see when he will be laid off. Another employee higher up the chain has taken a voluntary layoff. If my husband does the same thing, knowing that the layoff is in fact coming, can he get unemployment benefits?

Asked on December 8, 2010 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Illinois unemployment benefits are given to those who are unemployed through no fault of their own.  If Illinois considers a voluntary layoff as no fault of the person being laid off, then your husband should have no issues.  However, if Illinois considers a voluntary lay off as something avoidable (like being fired for cause), his unemployment benefits could be in jeopardy. The same holds true for those who obtain compensation packages from their employer and then wind up attempting to collect unemployment during the same time period.  Speak to a representative at the unemployment office or see if they have some brochures to help you navigate this tricky avenue.


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