Can you collect unemployment benefit if you're fired?

[Sam]

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]

I searched and found an article.
http://www.nolo.com/article.cfm/pg/...B-C63B-4E74-BA5458D500BBF72A/104/150/146/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.

 

[SecondCor521]

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

 

[Outtahere]

I searched and found an article.
http://www.nolo.com/article.cfm/pg/...B-C63B-4E74-BA5458D500BBF72A/104/150/146/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.

 

[youbet]

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.

 

[Sam]

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.

 

[SC]

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.

 

[lets-retire]

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?

 

[FinanceDude]

So if the employer fired the person for no good reason they person can't claim unemployment?

Um.............no!

 

[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.

 

[Corporateburnout]

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??

 

[cute fuzzy bunny]

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!