Unemployment: Can You Get Unemployment If You Get Fired?

Can you get unemployment if you get fired? – It depends on the reason for your termination (getting fired). There are many categories of termination that enable a worker to get unemployment benefits. If you are eligible for those termination categories, you can surely get those benefits. It can be a situation where you are fired despite not committing a fault.

In this article, you will learn about what makes a worker eligible for unemployment benefits in the United States. Furthermore, we will also provide you with information about how the system of providing unemployment benefits works. Apart from that, you will also learn about some of the most common rights of the employees that are fired.

Can You Get Unemployment If You Get Fired?

Often employees ask, ?Can you file for unemployment if you get fired?? when they are fired or have been subjected to a layoff. In such cases, employees might wonder whether theta re eligible for unemployment benefits or not. The answer depends on the type of termination that the employee went through and for what reason the employee is terminated.

According to USChamber.com,

?In general, unemployment benefit programs provide temporary income to people who are out of work due to no fault of their own. If someone was fired due to misconduct or violation of company policy, they might be ineligible to collect unemployment. However, it?s not always cut and dry.?

All the employees that are fired are not eligible for unemployment benefits. A lot depends on the reasons due to which the employee was fired. However, if you are fired when the company proves that it was your own fault, you are not eligible for any unemployment benefits.

Unemployment Benefits – How Does The System Work?

The law of the state in which you live determines whether a fired employee is eligible for unemployment benefits or not. For example, an employee that is fired due to misconduct or an ethical crime is not eligible for unemployment benefits either for a certain period of time or entirely. However, the definition of misconduct or an ethical crime changes with the state where you live.

According to USChamber.com,

?Eligible workers in most states will receive cash payments for up to 26 weeks while they look for work. However, nine states provide fewer than 26 weeks, and two states provide more. Extended benefits (EB) programs also exist in four states.?

Unemployment benefits are provided as per unemployment insurance, which is a joint federal-state program. Here, the state offers benefits to workers who got jobless while they are continuously seeking employment. Whether you are eligible for unemployment benefits or not is decided by your state?s law. They also decide how long you will need to wait. The amount you will get is also calculated as per the state?s law.

What Are The Grounds Of Not Getting Unemployment Benefits?

If an employee does not get unemployment benefits for a certain amount of time, that time period is called disqualification period. In some states, for an employee to be ineligible for unemployment benefits, the misconduct needs to be quite worse.

According to Nolo.com,

?An employee who is fired for being a poor fit for the job, lacking the necessary skills for the position, or failing to perform up to expected standards will likely be able to collect unemployment. But an employee who acts intentionally or recklessly against the employer’s interests will likely be ineligible for unemployment benefits.?

In some other states, employees who even violate a workplace policy or rule are not eligible for unemployment benefits, at least for a limited time period. The following are some of the types of misconduct for which an employee is ineligible for unemployment benefits:

1. The employee was fired due to failing a drug or alcohol test. In some cases, refusing to take a test or submit test results can also make the employee ineligible for unemployment benefits.
2. If an employee is fired because of proven stealing from the company or from any of the coworkers, he/she is ineligible to attain unemployment benefits.
3. If an employee commits a crime with association to the job, then the employee is certainly not eligible for any unemployment benefits.
4. Unemployment benefits are not available for employees who get fired for careless mistakes by violating safety rules or for fully disregarding safety rules.

In cases where an employee quits the job willfully, then unemployment benefits are not available. However, if the employee shows that there was a ?good? cause behind the step taken, such as harassment, or unsafe work conditions, then the employee is eligible for unemployment benefits.

How Much Does Unemployment Pay?

To calculate your unemployment benefits, you will need to consider checking the website of your state. Since unemployment benefits are provided as per state laws, with joint help from the federation, hence checking on the state?s website is recommended. You can just google ?unemployment benefits? followed by the name of the state.

Termination Of Employment – Rights For Employees

As long as it is not illegal, discriminatory, or in violation of the contract, as per the law protecting employees, an employer can terminate the job of an employee at any time. Despite that, an employee who faces termination has certain rights. One of the major rights of terminated employees is to receive unemployment benefits if the employee qualifies.

Here are some of the other rights of employees that are fired:

1. The employee must get the receipt of their final paycheck
2. The employee must get paid severance if the contract consists of the provision.
3. The employee must have health insurance continued even after separation from the employer, as per the provisions of COBRA.
4. In case of layoff or closure of the business, the employee must be notified well in advance.

Wrapping Up

Can you get unemployment if you get fired? – Basically, if you want to collect your unemployment benefits, you must be terminated but with no fault of your own. If you face termination because of economic reasons like layoffs, closing of the business, lack of work, etc., you are surely able to enjoy unemployment benefits. Do you have any more information to offer here? Share them in the comments section below.

Continue Reading:

• How Straight Line Depreciation Works and When to Use It
• How to Navigate Target’s Return Policy: No Receipt, No Problem
• Is the Cat and Jack Return Policy Shopper-Friendly? Let’s Explore