Termination of Employment by Mutual Agreement
Most employees work at the will of both parties, which means that the employment agreement can be terminated at any time by either party. One of the eligibility criteria for collecting unemployment benefits is being laid off through no fault of your own. This means that if you were fired because you were not a good fit for the job, or your position was eliminated due to company downsizing, or for reasons such as lack of skills, you may be eligible for unemployment benefits.
Note: If you choose to resign from your job, it is unlikely that you will be eligible for unemployment benefits, although there are some exceptional circumstances that may apply. Eligibility will vary depending on the state you live in.
Firing for Misconduct
When your employment is terminated due to misconduct or violation of rules, you may not be eligible for unemployment benefits. Eligibility will depend on the guidelines of your state. Misconduct includes theft, lying, failing a drug or alcohol test, falsifying records, intentionally violating company rules or policies, sexual harassment, and other serious job-related offenses.
Even off-the-job behavior, such as sharing a problem on social media on a personal account or committing a crime, can disqualify you from receiving unemployment benefits. State laws regarding eligibility for unemployment benefits vary.
You should keep in mind that being fired for misconduct is not the same as being let go for any reason. “Fired for misconduct” refers to negative actions on the part of the employee that warrant consequences. You might lose your job during a company-wide layoff, for example, but that is not the same as being fired for misconduct, even though the termination was technically “resulting” from a company-wide layoff.
In some states, being fired for misconduct may permanently prevent you from receiving unemployment benefits. In other states, it may only disqualify you for a limited time. Under certain circumstances, you may be eligible for benefits.
After Termination
Know your rights when you are terminated from your job. The company may offer you a severance package. You can also look for other programs in your state that you may be eligible for to help your family while you search for work.
It is also a good idea to gather any documents related to your job termination, preferably either beforehand – if you suspect you might be facing termination – or immediately after losing your job.
Emails, notes about meetings, voicemails, doctor’s notes, etc., can all serve as supporting evidence you may need if your unemployment claim is denied.
Note: If you have been fired from your job and are unsure whether you qualify for unemployment benefits, check with your state unemployment office. In addition to verifying the reason for your termination, they can help you ensure that you meet the minimum earnings and work duration requirements for your claim. They will help you claim the benefits you deserve and explain the amount and duration of coverage you should expect.
How Does Unemployment Work?
Unemployment compensation is primarily funded by taxes paid by employers, and each state administers its own unemployment program. States have autonomy regarding who can receive unemployment benefits, for how long, and how much compensation.
Note: Although unemployment compensation can be confusing, your state unemployment website can help answer many of your questions.
For assistance in navigating the process, you can contact your state unemployment office. You may be able to speak directly with an informed person who can help clarify the requirements and get the answers you need.
Filing
Application for Unemployment Benefits
When you are terminated from a job, you can apply online for unemployment benefits. It is advisable to prepare the necessary paperwork for your claim as soon as possible after receiving notice of your job termination.
Your application processing may take some time, and the earlier you apply for benefits, the sooner you can determine your eligibility.
While Receiving Benefits
If you meet all the various qualifications for unemployment benefits, be aware that compensation comes with conditions. While receiving unemployment, you must actively be seeking new employment, and states may require you to provide proof of your job search.
If you refuse suitable work (i.e., a job at the same level of responsibilities and pay as your previous jobs), your unemployment benefits may be terminated.
Frequently Asked Questions (FAQs)
How can I apply for unemployment benefits?
Unemployment benefits are paid through state unemployment offices. The fastest and easiest way to apply for unemployment compensation is online at your state’s unemployment website.
What can I do if my unemployment claim is denied?
If your claim is denied by the state unemployment agency or challenged by your employer, you have the right to appeal the decision. Be sure to gather all documentation related to your claim so that you have all the information you need to appeal the denial.
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Sources:
The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts in our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
National Conference of State Legislatures. “Employment at Will – An Overview.”
U.S. Department of Labor. “How do I apply for unemployment insurance?”
U.S. Department of Labor. “State Unemployment Insurance Benefits.”
U.S. Department of Labor. “What are unemployment insurance benefits?”
NOLO. “Unemployment Insurance Benefits: What if You Were Fired?”
Source: https://www.thebalancemoney.com/can-i-collect-unemployment-if-i-am-fired-2064150
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