Voluntarily Quitting

It can be difficult to quality for unemployment benefits in Nebraska if you voluntarily quit your position.
To "leave work voluntarily," as that term is used in the Employment Security Law, means to intentionally sever the employment relationship with intent not to return to, or to intentionally terminate, the employment. Powers v. Chizek, 204 Neb. 759, 285 N.W.2d 501 (1979). See also: Gastineau v. Tomahawk Oil Company, 211 Neb. 537, 319 N.W.2d 107 (1982), Nuss v. Sorensen, 218 Neb. 703, 358 N.W.2d 752 (1984), McClemens v United Parcel Service, 218 Neb 689, 358 N.W.2d 748 (1984), Montclair Nursing Center v. Wills, 220 Neb. 547, 371 N.W.2d 121 (1985).



One is disqualified for unemployment benefits if, by leaving work voluntarily without good cause, one thereby makes himself or herself "unemployed." Gilbert v. Hanlon, 214 Neb 676, 335 N.W.2d 548 (1983).

As a general rule, an employee who leaves employment for the sole purpose of obtaining a better job has left work voluntarily within the meaning of the Nebraska Employment Security Law. Id., Gilbert v. Hanlon, which declined to apply disqualification in the case of concurrent full-time and part-time employment because claimant had not become "unemployed," is distinguished. Nuss v. Sorensen, 218 Neb. 703, 358 N.W.2d 752 (1984).

If you live in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, or Cass Counties and you need an employment lawyer, consider contacting Angela Y. Madathil and the Madathil Law Firm.   The firm serves clients in all of these areas.

Contact us at angela@madathil-law.com or by telephone at 402.577.0686.  The firm offers free consultations.  For more information feel free to look at our website www.madathil-law.com.

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