What If You Quit Your Job or Get Fired?
When you quit your job voluntarily or when you are fired from your job, circumstances can change. In the former case, you have the burden of proof, but the burden of proof will rest with your former employer if you are fired from your position. With the case of being fired, the employer will need to prove that you were fired due to misconduct before denying benefits, but this will not be a factor if it cannot be proven. If you quit, you will need to prove that your employer is the reason that you needed to quit your job.
Under West Virginia Unemployment Compensation Law, there are some special provisions that permit payment of benefits of unemployment compensation even when you voluntarily quit your job. This includes choosing to quit your job due to problems with your health, though you will need to have a statement from a doctor that says that you were personally affected by work, which aggravated or worsened the health problem. This also includes leaving a job to work for the most recent former employer within 14 days.
When filing for your claim, the Department of Commerce will need to obtain the facts that surround your reason for voluntarily leaving your job, which includes contacting your employer. The state will also issue a written decision to both you and the employer that your claim would affect; the decision will include whether or not you are eligible to receive monetary benefits for unemployment compensation. If either you or your employer disagree about the decision, you can both file an appeal.
For more information, go to:
http://www.wvcommerce.org/business/w...te_claims.aspx