how does an ex employer affect your unemployment benefits after conveniently firing you?
- Monday Nov 23,2009 09:34 PM
- By diddy
- In Others
After working for a business for a little over a year and due to they’re business slowing down, I have been fired. I feel it was a set-up and unjustly done but that doesn’t matter. I’m just curious how this would affect my collecting of my unemployment benefits for awhile until I can find another job?
Collecting Unemployment, Job, Unemployment Benefits
4 Comments
fired or quit has NO bearing on eligibility for unemployment
it is a matter of WHY the job was lost and what you did or failed to do to keep the job.
if you are fired without cause then you will be eligible,
if you quit with cause you will be eligible.
(this all assumes that int he past 15 months you have had the qualifying income required to draw unemployment)
fired with cause includes misconduct, policy violations, absenteeism, tardiness and numerous other justifiable reasons to terminate employment.
in general a business slow-down, poor job performance (as long as it did not relate to misconduct), restructuring and similar reasons are considered as being fired without cause.
quitting with cause includes non-payment of wages, discrimination, criminal activity of the employer, employer violations of health & safety issues, SIGNIFICANT changes in employment conditions….
if you quit a job you must prove you had cause, that any reasonable person would quit under the same circumstances and that you did everything reasonable to not quit.
there is NO law/regulation in any state that says:
"if you quit you are not eligible for unemployment"
or
"if the employee is fired they are elgible"
what the law/regulations state are:
"the job loss must be no-fault of the employee"
how your being fired will affect your case for unemployment will depend on why you were fired and what proof the employer has to back up their claims as to why you were fired.
In general, if you have been fired (you didn’t leave voluntarily or resign), you can collect unemployment benefits if you follow the rules. That is the benefit, so to speak, of waiting to be fired rather than quiting.
If the employer admits that he fired you, he doesn’t had much ground to dispute your collection of unemployment benefits (if you otherwise qualify for them).
Just file………your employer will contest this……..by saying you were fired……….file and let them sort it out…………
It depends on which state you are in. In California, for instance, one of the parameters to collect UI is the claimant must be "out of work due to no fault of their own." That means if you quit, or were fired for misconduct, you are not eligible in California.
Since you were fired/laid off because business slowed down, that should not stop you from collecting benefits.
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