Can You Get Unemployment If You Get Fired?

 

 State Unemployment Directory

 

In order to receive unemployment you have to be unemployed through no fault of your own.  If you get fired from your job your employer may have a valid reason for firing you, and thus it is your own fault that you are unemployed, and therefore you are ineligible to receive unemployment benefits.

 

There are, however, situations where your employer did not have a valid reason for firing you, in which case you may be found eligible for unemployment even when you get fired from your job.  These situations are rare, and the ultimate decision whether you can collect unemployment could be arbitrary – and often only settled by making an appeal, and having a a special eligibility appeal hearing.  If your employer violated the law in firing you, it may take a lawsuit in order for you to collect unemployment and be compensated for your lost job and wages.

 

 

If you think that your employer has broken the law or illegaly fired you, you have to contact an employment or labor lawyer.  If you cannot afford an attorney, you should contact the Legal Aid Society.  Also some lawyers take these kinds of cases pro bono, which means ‘for free’, or on a contingency basis, which means you don’t have to pay anything upfront, and the lawyer only gets paid if you win your lawsuit.  Again, this site is not legal advice.  If you think that your rights have been violated or you have been illegally fired you must contact a lawyer.

 

1. You might still be able to get unemployment if you were fired because you were asked to break the law, and did not do it.  It is illegal to ask an employee to break the law.  In this situation, you should consult an employment or labor lawyer.
2. You might still be able to get unemployment if you were fired because you did not respond to innapropriate, sexual and/or romantic advances in the workplace.  Sexual harrassment is illegal and you should consult an employment lawyer.
3. You might still be able to get unemployment if you were fired because you served on jury duty.
4. You might still be able to get unemployment if you were fired because you were asked to violate professional regulations or code of ethics.
5. You might still be able to get unemployment if you were fired because you were activated for military duty, or otherwise fulfilling your obligations to the military.
6. You might still be able to get unemployment if you were fired because you were a “whistle-blower” or otherwise reported your employer’s or workplace’s illegal activity or conditions.
7. You might still be able to get unemployment if you were fired because you filed a workman’s compensation claim.
8. You might still be able to get unemployment if you were fired because you talked about your salary or wages with a coworker.
9. You might still be able to get unemployment if you were fired because you filed a safety complaint with OSHA.
10. You might still be able to get unemployment if you were fired in a way that violates your employment contract.  Employment contracts do not have to be written down; they can be ‘implied’ through verbal conversations.  If you think this is the case, you should consult an employment or labor lawyer.
11. You might still be able to get unemployment if you were fired for exercising your legal rights as they relate to the workplace.  If you think this is the case, you should consult an employment or labor lawyer.

 

If you get fired you employer may ask you to sign some paperwork or documents before you leave.  DON’T SIGN ANYTHING!

 

If you believe that you were improperly or illegally fired, it is very important that you do not sign any documents that your employer asks you to sign while you’re on your way out.  They cannot hold your last check unless you sign any documents – that is illegal.  They may try to tempt you to sign some documents in exchange for ‘severance pay’ – DON’T SIGN ANYTHING if you know you’re in the right.  Some employers may try to get you to sign a statement that says that you know you were wrong, that the employer terminated you for a good reason, and essentially giving up any rights you may have to collect unemployment or sue them.

 

 

Every state is different, and each situation will be handled on a case-by-case basis.  If you apply for unemployment after you’ve been fired from your job, and your employer had a valid reason to fire you, and your employer followed all of the laws and regulations in firing you, you will almost certainly have your application denied.

 

 

I believe that there are some situations where people who were fired from their job should still file for unemployment, unless you willingly and knowingly caused yourself to get fired.  Often employers will fire people for minor, but valid, infractions just so that they don’t have to have to pay them anymore.  Some companies will go on a ‘firing spree’, by firing people for small infractions, right before a laying off lots of people so that they can try to get out of paying unemployment benefits to the people that they fired.  Also, you should still file for unemployment, even if you get fired, because your employer won’t challenege your application.

 

 

If you believe that you were improperly or illegally fired, you should appeal the denial of your unemployment application.  After your claim is denied, you will have to file an unemployment appeal.  If you have to file an appeal – this means that you employer is challenging your right to collect unemployment because they fired you, and you will have to have a special unemployment appeal hearing.  Making an unemployment eligibility appeal can be a slow, complicated process.  It could take weeks or months for your appeal to be processed, and it could take weeks or months to get an actual eligibility hearing.  If your rights were violated or you were illegally fired, you should contact an employment or labor lawyer.

 

1. You will not be able to collect unemployment if you are fired from your job because you did not do your job correctly, or to the standards set by your employer.
2. You will not be able to collect unemployment if you are fired from your job because you were drunk, intoxicated, or using alcohol or drugs in the workplace.
3. You will not be able to collect unemployment if you are fired from your job because you failed a drug test.
4. You will not be able to collect unemployment if you are fired from your job because you were insubordinate.
5. You will not be able to collect unemployment if you are fired from your job because you violated company policy or the terms of your employment contract.
6. You will not be able to collect unemployment if you are fired from your job because you were late for work or did not show up for a shift.
7. You will not be able to collect unemployment if you are fired from your job because you were sleeping on the job.
8. You will not be able to collect unemployment if you are fired from your job because you committed a crime on the job.
9. You will not be able to collect unemployment if you are fired from your job because you stole money, goods, or property from your company or coworkers.
10. You will not be able to collect unemployment if you are fired from your job because did not meet your sales or production quota.
11. You will not be able to collect unemployment if you are fired from your job because did not know how to perform the requirements of your job.
12. You will not be able to collect unemployment if you are fired from your job because you falsified your time card.
13. You will not be able to collect unemployment if you are fired from your job because you lied on your job application or resume.
14. You will not be able to collect unemployment if you are fired from your job because you were disruptive or hostile towards coworkers.

 

Just because you broke the rules, or did something wrong on the job, doesn’t necessarily mean that your employer can fire you immediately.  In some states, there are rules that govern how and why and employer can fire someone.  This varies state-by-state, so it is best to consult an employment or labor lawyer.

 

 

If your state is an ‘At-Will Employment’ state, your employer can pretty much fire you for any reason, as long as it is a legal reason, without telling you why.

 

For more information about ‘At-Will Employment’, click here:  http://en.wikipedia.org/wiki/At-will_employment

 

 

If your state is not an ‘At-Will Employment’ state, employers have to follow a certain procedure, and have valid reasons, which are collectively known as Just Cause, in order to fire you.

 

There are seven principles or ‘test’ which determine whether and how an employer can fire someone:

1. Did the employer warn the employee of the consequences of his or her actions?
2. Are the employer’s rules and regulations reasonably related to business performance and efficiency that the employer might reasonably expect from the employee?
3. Did the employer make an effort, before firing the employee, to find out if the employee was guilty as charged?
4. Did the employer conduct a fair and objective investigation into the charges about the employee?
5. Did the employer find sufficient or substantial evidence of that the employee was guilty as charged?
6. Did the employer apply the rules fairly and without discrimination?
7. Was the severity of the disciplinary action or firing reasonably related to the seriousness of the employee’s offense and the employee’s past performance and employment record?  In other words, did the punishment fit the crime?

For more information about Just Cause, click here: