Join Early Retirement Today
Reply
 
Thread Tools Search this Thread Display Modes
Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 10:09 AM   #1
Thinks s/he gets paid by the post
 
Join Date: Mar 2006
Location: Houston
Posts: 2,155
Can you collect unemployment benefit if you're fired?

No, not FIREd, but actually fired by your employer.

Yesterday, I met an aquaintance, and he told me he was fired. He did not say why, and I didn't ask. I wonder what's going to happen? Can he collect unemployment until his next job?

__________________

__________________
Sam is offline   Reply With Quote
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!

Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!

Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 10:30 AM   #2
Thinks s/he gets paid by the post
 
Join Date: Mar 2006
Location: Houston
Posts: 2,155
Re: Can you collect unemployment benefit if you're fired?

I searched and found an article.
http://www.nolo.com/article.cfm/pg/2...4/150/146/ART/

From page 2:
Fired employees can claim unemployment benefits if they were terminated because of financial cutbacks or because they were not a good fit for the job for which they were hired. They can also receive benefits if the employer had a good reason to fire the person but the infractions were relatively minor, unintentional, or isolated.

In most states, however, a fired employee will not be able to receive unemployment benefits if he or she was fired for “misconduct.” Although you may think that any action that leads to termination would constitute misconduct, the unemployment laws don’t look at it that way. Not all actions that result in termination are serious enough to qualify as misconduct and justify denying benefits.
__________________

__________________
Sam is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 10:33 AM   #3
Thinks s/he gets paid by the post
SecondCor521's Avatar
 
Join Date: Jun 2006
Location: Boise
Posts: 2,398
Re: Can you collect unemployment benefit if you're fired?

I would recommend checking your local state government's website for their unemployment section.

In my state, the answer would generally be yes. Benefits are paid based on your past year's salary (up to a fairly low cap). Benefits expire after 26 weeks, and in general you have to prove you're looking for a job in order to collect.

2Cor521
__________________
"At times the world can seem an unfriendly and sinister place, but believe us when we say there is much more good in it than bad. All you have to do is look hard enough, and what might seem to be a series of unfortunate events, may in fact be the first steps of a journey." Violet Baudelaire.
SecondCor521 is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 11:14 AM   #4
Thinks s/he gets paid by the post
Outtahere's Avatar
 
Join Date: Sep 2005
Posts: 1,677
Re: Can you collect unemployment benefit if you're fired?

Quote:
Originally Posted by Sam
I searched and found an article.
http://www.nolo.com/article.cfm/pg/2...4/150/146/ART/

From page 2:
Fired employees can claim unemployment benefits if they were terminated because of financial cutbacks or because they were not a good fit for the job for which they were hired. They can also receive benefits if the employer had a good reason to fire the person but the infractions were relatively minor, unintentional, or isolated.

In most states, however, a fired employee will not be able to receive unemployment benefits if he or she was fired for “misconduct.” Although you may think that any action that leads to termination would constitute misconduct, the unemployment laws don’t look at it that way. Not all actions that result in termination are serious enough to qualify as misconduct and justify denying benefits.
That's very true. I handle these things for my company and I'm always amazed that someone we've let go can collect. I've fought several and only won once. It's very frustrating for me as an employer. If I were your friend I'd open a claim, all they can do is deny it, or he'll get lucky and the company won't contest it.
__________________

Dogs aren't our whole lives, but they make our lives whole. - Roger Caras
Outtahere is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 11:46 AM   #5
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
youbet's Avatar
 
Join Date: Mar 2005
Location: Chicago
Posts: 9,965
Re: Can you collect unemployment benefit if you're fired?

Sam.....

Unemployment compensation rules and regs vary from state to state and also depend on who fired you and why.

In Illinois, Unemployment compensation currently extends for 26 weeks and the amount is on a sliding scale depending on your wage history, similar to what 2Cor521 described.

When you apply for unemployment compensation, your employer is notified and can challenge your claim if desired. Terminations "for cause" such as theft or other work place rules violations are usually challenged. Or sometimes the employer feels you actually quit by simply not coming to work anymore and then applying for unemployment compensation later. Terminations for performance are not usually challenged. Layoffs are never challenged as, by rule, always qualify for unemployment compensation.

The propensity to challenge varies from employer to employer and case to case. Disagreements are resolved in a hearing.

Unemployment compensation is not need based. Tell your acquaintance to go to your state's department of employment security web site, read the instructions and make the application.

In Illinois, the process is very automated. I just finished collecting for 26 weeks. My entire effort consisted of 20 mins filling out forms online from home and a five minute phone call (answering questions via the keypay) every two weeks. It was the easiest, slickest government run system I'd ever been involved with.



__________________
"I wasn't born blue blood. I was born blue-collar." John Wort Hannam
youbet is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 11:51 AM   #6
Thinks s/he gets paid by the post
 
Join Date: Mar 2006
Location: Houston
Posts: 2,155
Re: Can you collect unemployment benefit if you're fired?

Thanks for the info. I was just curious. I doubt he will ever talk about this again with me, and I sure have no intention to bring it up.

__________________
Sam is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 01:38 PM   #7
Recycles dryer sheets
SC's Avatar
 
Join Date: Feb 2006
Posts: 212
Re: Can you collect unemployment benefit if you're fired?

In Texas, an individual can collect unemployment if they were terminated "without cause." It is extremely difficult for an employer to prove that they had "cause." I've seen first-hand that actions any reasonable person would consider to be asking for a firing, are seen as "without cause" if the employer can't prove that the employee knew that their job was in jeopardy.

So yeah, unless their employer was diligent about issuing written warnings, getting those warnings signed by the employee, etc., in most cases the fired person will collect unemployment.
__________________
SC is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 01:48 PM   #8
Thinks s/he gets paid by the post
 
Join Date: Dec 2004
Posts: 1,798
Re: Can you collect unemployment benefit if you're fired?

Quote:
Originally Posted by Sam
They can also receive benefits if the employer had a good reason to fire the person but the infractions were relatively minor, unintentional, or isolated.
So if the employer fired the person for no good reason they person can't claim unemployment?
__________________
You don't want to work. You want to live like a king, but the big bad world don't owe you a thing. Get over it--The Eagles
lets-retire is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 03:57 PM   #9
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
FinanceDude's Avatar
 
Join Date: Aug 2006
Posts: 12,484
Re: Can you collect unemployment benefit if you're fired?

Quote:
Originally Posted by lets-retire
So if the employer fired the person for no good reason they person can't claim unemployment?
Um.............no!
__________________
Consult with your own advisor or representative. My thoughts should not be construed as investment advice. Past performance is no guarantee of future results (love that one).......:)


This Thread is USELESS without pics.........:)
FinanceDude is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 07:36 PM   #10
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
cute fuzzy bunny's Avatar
 
Join Date: Dec 2003
Location: Losing my whump
Posts: 22,697
Re: Can you collect unemployment benefit if you're fired?

I actually qualified for it when I FIRE'd, but it looked like too much work for too small an amount of money for too short a time.
__________________
Be fearful when others are greedy, and greedy when others are fearful. Just another form of "buy low, sell high" for those who have trouble with things. This rule is not universal. Do not buy a 1973 Pinto because everyone else is afraid of it.
cute fuzzy bunny is offline   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-13-2007, 08:09 PM   #11
Thinks s/he gets paid by the post
 
Join Date: Sep 2006
Posts: 1,316
Re: Can you collect unemployment benefit if you're fired?

Quote:
Originally Posted by Cute Fuzzy Bunny
I actually qualified for it when I FIRE'd, but it looked like too much work for too small an amount of money for too short a time.
Is filing out an application too much work for collecting $500 per week for 26??
__________________
Corporateburnout is online now   Reply With Quote
Re: Can you collect unemployment benefit if you're fired?
Old 02-14-2007, 09:15 AM   #12
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
cute fuzzy bunny's Avatar
 
Join Date: Dec 2003
Location: Losing my whump
Posts: 22,697
Re: Can you collect unemployment benefit if you're fired?

In my case, you had to fill out a form, then IIRC once a week (maybe every other week) demonstrate that you had been actively looking for work by providing the names of the companies you had approached, and the names of the ones you had interviewed with. Failing to show a reasonable and regular attempt to regain employment caused the benefits to go away.

May have just been the state I was living in, the situation at the time, or the actual requirements were lower in practice than advertised, but it looked like I'd have to spend a couple of hours generating the paper trail and having faux interviews to continue to qualify.

At that time, it was only around a grand a month...but in todays dollars that might be $500.

I guess the point is, make sure you know what you have to do to get the $500/wk. If its filling out a form and then nothing past that, thats a super deal!
__________________

__________________
Be fearful when others are greedy, and greedy when others are fearful. Just another form of "buy low, sell high" for those who have trouble with things. This rule is not universal. Do not buy a 1973 Pinto because everyone else is afraid of it.
cute fuzzy bunny is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Question About Friend's Expectation For His Widow's SS Benefit haha FIRE and Money 14 12-17-2006 10:35 PM
Social Security Spousal Benefit Elderdude FIRE and Money 52 06-30-2006 08:55 AM
Wait to Age 70 to Collect SS? REWahoo FIRE and Money 77 11-27-2005 03:49 AM
FIREd people we have met preben Life after FIRE 48 03-31-2005 02:12 PM

 

 
All times are GMT -6. The time now is 09:20 AM.
 
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.