Unemployment Benefits For Victims of Domestic Violence

Contact an attorney immediately to help you with your claim for unemployment benefits.

About Unemployment Benefits

To be eligible for unemployment benefits, you must have earned enough wages at your previous job, be able and available for work, and be actively seeking work.

Normally, you cannot receive benefits if you did something wrong that led to your firing or if you voluntarily quit your job without a good reason related to the job.

However, a special law provides additional protections for victims of domestic violence.

You may be eligible for benefits if you left a job voluntarily or were fired because of circumstances directly resulting from domestic abuse.

You must show that:

1. You reasonably fear future abuse at or on the way to the workplace;
2. You need to relocate to avoid future abuse; or
3. You reasonably believe that leaving work is necessary for your safety or the safety of your family.

You must provide the unemployment office with proof of the abuse. This proof can include police or court records, documentation from a shelter worker, attorney, preacher, doctor, or other professional who has helped you, etc. You should give this proof to the unemployment office as soon as possible after you apply for benefits.

You should be prepared to explain that you tried to work with your employer to look for other options besides quitting or being fired, such as changing your work schedule or working from a different location.

Go to https://dew.sc.gov/individuals/applying-benefits to get started.

Appealing the Denial of Unemployment Benefits

Even if you provide proof of domestic violence, the unemployment office might still deny your claim. You have the right to appeal. It is very helpful to be represented by an attorney in your appeal. An appeal must be filed within 10 calendar days of the mailing date listed on the determination notice. https://dew.sc.gov/individuals/appeals.

If there is evidence that you do not have, you may ask for a subpoena (an order that the employer bring documents or witnesses to the hearing). The form to request a subpoena is available at https://dew.sc.gov/about-us/forms.

You must continue to file claims and look for work while you wait for your hearing.

What Happens at the Hearing?

The hearing will be by telephone with a hearing officer who acts as a judge. It will be recorded. This is your only chance to explain your side of the story. You can present witnesses and documents to prove your case. You must send documents to the hearing officer and provide a copy to the employer at least 24 hours in advance.

You have the right to ask questions of the employer's witnesses. The employer also has the right to ask you questions.

If the Appeal Tribunal rules against you, you have the right to appeal to the Appellate Panel. You must file the appeal within 10 days of the mailing date listed on the Appeal Tribunal decision. The Appellate Panel is a group of three judges who will review the testimony and evidence presented at the previous hearing.