If I am a victim of domestic violence and was forced to leave work, can I now get unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am a victim of domestic violence and was forced to leave work, can I now get unemployment?
My husband forced me to leave work and continue not to work for 4 years. I have now escaped the domestic violence by leaving both my husband and CA but I am now penniless in WA. I worked for over 20 years as a Special Education Teacher (in CA) but I wouldn’t ordinarily be eligible for unemployment benefits now because I have not worked in the last 18 months. Is their any provision under the law for my situation?
Asked on March 13, 2011 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If someone quits their job, they must do so for "good cause" if they want to be eligible to file a valid unemployment claim. Good cause, in some states, includes leaving a job due to being a victim of domestic violence. However, I'm not sure that your situation would qualify since you did not immediately leave your abuser; 4 years have elapsed since you terminated your employment. However, speak with an employment law attorney to be certain of your rights. The laws vary from jurisdiction-to-jurisdiction.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, unfortunately you cannot get unemployment; unemployment is only for those who lose their jobs due to the employer's actions (e.g. laid off, downsized, terminated without cause, etc.) It is not available for those who leave work for other reasons, even if such leaving was not "voluntary" in the sense that they were pressured by another person (as long at that person was not associated with the employer). You should consult with a family law attorney; it may be that you should (1) divorce your husband (if you haven't done so already) and therefore (2) may be eligible for spousal support (alimony) and some distribution of assets or property. Also contact any support or advocacy groups who women in or who escaped abusive relationship; they may know of some resources or options for you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.