Attendance Termination Laws By State
As noted earlier, every state has different policies regarding termination caused by attendance issues. We looked at the policy documentation per state, and here are the findings:
- All states, except Colorado, deem failure to obey employers work rules and policies as misconduct. These include being late or absent, be it unexcused or excessive.
- The caseworkers have a mandate to look into the seriousness of the misconduct, whether there were prior warnings and if any steps were taken to remedy the behavior before discharge.
- Most states punish discharge for attendance with a disqualification period, where youll not receive unemployment benefits. For example, the states of Nebraska and Vermont have a 14-15 week disqualification period. Others like Alaska will hold off your benefits for six weeks.
- Unfortunately, some states dont have this disqualification period. This means youll be automatically disqualified from receiving unemployment benefits if the employer can prove you broke the laid-out attendance policies repeatedly.
You can check out your states policy regarding unemployment benefits and job termination on your states website. However, keep in mind that while these state policies stand, each unemployment decision is made on a case-to-case basis.
For example, the Employment Development Department in California provides these general considerations to determine whether a persons absence at work indicates an intentional disregard to the employers rules:
Gathering Facts From You And Your Employer
In order to make a fair and objective decision we must:
Often, it is at the time you file your claim for benefits that you provide basic information as to the reason for being fired. Afterwards, an agent contacts your employer to obtain his own version of facts, then with you, if necessary, when details or more explanations are needed. It could happen, in some situations, that a version of facts may be gathered from anyone else well-known with the events or facts, particularly when there are discrepancies between versions already obtained from you and your employer.
The role of the employer is to provide the information concerning the reason for the firing, specifying, among other things:
The role of the person claiming benefits is to provide the information concerning the reason for being fired, specifying:
- whether or not he agrees with the version given by the employer as the reason of the dismissal
- what he has to say about the actions, omissions or faults attributed to him as the reason for the dismissal
- whether he was aware of the employer’s rules, policies, expectations or requirements on this matter
- under what circumstances the actions, omissions or faults attributed to him occurred
- if any witnesses or persons who could testify to the events or facts.
California Unemployment If You Quit
You can not receive California unemployment benefits if you quit your job.
IF YOU HAVE A JOB, DO NOT QUIT IT
IF YOU QUIT YOUR JOB, DONT EXPECT TO COLLECT UNEMPLOYMENT
IF YOU HAVE A JOB, AND ARE LOOKING TO CHANGE JOBS, DO NOT QUIT YOUR JOB UNTIL YOU HAVE A NEW ONE
In order to be eligible for unemployment benefits in California, you have to have lost your job through no fault of your own. This means that if you quit your job, you cant get unemployment.
Be sure that you can not quit your job because you didnt like it, or it was too hard, or because it didnt pay enough, or because the hours didnt work for your schedule and still expect to collect unemployment.
If you are in a hostile work environment, or otherwise feel like you have to quit for a very good reason , please take the following advice:
The laws and requirements for unemployment eligibility vary from state to state, but most states do not allow you to collect unemployment benefits if you voluntarily quit your job. If a state does allow you to collect unemployment when youve quit your job the requirement to do so will be VERY difficult to meet.
In most states, if you are fired for cause you may still be eligible to receive benefits and the requirements in this case wont be as stringent as if you had quit.
If your company fires you though, you can be sure they wont be writing you any recommendation letters.
Make them fire you.
Also Check: Ways To Make Money When Unemployed
Can I Get Ei Benefits If I Was Fired
If you are unemployed and looking for work, you may be able to get Employment Insurance benefits even if you were fired. It depends on the reason you were fired. If EI staff say you were fired because of “misconduct”, they will not give you benefits.
Misconduct usually means doing something wrong on purpose. Misconduct is more than simply not being able to do the job well. Here are some examples that could be seen as misconduct:
- threatening or violent behaviour
- destroying company property on purpose
- being late or away from work without permission
- disobeying an order from your employer
Misconduct cases are often unclear, so you should apply for EI even if you were fired.
Your employer must prepare a Record of Employment . Your employer can either give you a paper copy of your ROE or send your ROE to the government electronically.
If your employer sends your ROE to the government electronically, they do not have to give you a copy and you do not need a copy to apply for EI. But you can get a copy fromService Canada if you want one.
It is easier to apply for EI with the ROE. But you should apply for EI right away, even if you do not have your ROE yet. Bring proof of your employment, such as pay stubs and T4 slips. If you do not apply within 4 weeks after your employment ends, you will probably get fewer EI payments.
If you are having problems applying for EI or getting your ROE, you can call the Service Canada EI information line at 1-800-206-7218.
Teslas Elon Musk Tweets Full Self
If, on the other hand, you lose your job again within a year of your first unemployment application, it falls in a new benefit year and you must go through the process of reapplying for benefits.
Here the situation becomes a bit more complicated.
The requirements for a second year of benefits vary significantly from state to state, but as Dixon points out, its generally easier to qualify for the second year than the first.
The first year a person applies for unemployment insurance, states review his or her earnings during the previous five fiscal quarters. Most states require workers to have spent one fiscal quarter earning at least 40 times the amount of the weekly unemployment benefits theyll get, and often to have had paid employment for two additional quarters out of the previous five.
Of course, if youve already been collecting unemployment for the better part of the year already, its unlikely you will be able to meet those requirements, which is why states apply a different set of criteria for the second consecutive benefit year.
There is one other outcome unique to those who first lost their job during the peak of the recession and qualified for an unemployment extension beyond the original 26 weeks. In total, there are four different tiers of extensions that one could qualify for, providing a maximum of 99 weeks worth of unemployment benefits.
For a comprehensive credit report, visit the BankingMyWay.com Credit Center.
Read Also: Tn Unemployment Qualifications
How And When Do I Apply For Employment Insurance Benefits
You must provide all the information required by Service Canada, including information relating to your job and why you stopped working. Check with Service Canada to find out what documents you need to apply for employment insurance benefits. You will also have to provide your social insurance number.
It is a good idea to apply for employment insurance benefits as soon as possible. If you wait, you might lose part or all of the benefits you are entitled to.
Denver Unemployment Benefits Lawyer Fights For You
Your employer is required to pay into an unemployment insurance fund that provides for employees after a job loss. If you meet the requirements for unemployment benefits, you deserve to receive your share of that fund. Whether you are filing your first claim or hope to reverse a denial, an experienced unemployment lawyer in Denver can be a valuable asset.
Nathan Davidovich has over 55 years of experience defending workers rights in Denver and can provide sound legal counsel for your case. Contact Nathan Davidovich to apply for unemployment benefits or discuss an appeal for your denied unemployment benefits claim. Call 825-5529 or complete our contact form to get started.
Read Also: How To File For Unemployment In Tennessee
You May Like: How Does Unemployment Work In Louisiana
After I Was Laid Off I Took My Son Out Of Day Care To Save Money Can I Still Collect Unemployment Even Though Im Spending Most Of My Time Being A Stay
You must be able and available to work and actively looking for a job to qualify for unemployment benefits. This means, first of all, that you must be continuing your job search despite your childcare responsibilities. And second, you must be ready to take a job if one is offered. This doesnt mean that you have to put your son back in daycare while you are unemployed, but you may have to prove to your states unemployment agency that you could arrange care for him quickly if you are offered a position. For more information, see Collecting Unemployment: Are You Able, Available, and Actively Seeking Work?
How Many Hours Of Work Do I Need To Qualify For Employment Insurance
The minimum number of hours of insurable work you need to qualify for employment insurance depends on the unemployment rate in your area. The higher the unemployment rate, the lower the required number of hours. Usually, you need between 420-700 hours during your qualifying period.
From September 26, 2021 to September 24, 2022, you only need to have worked 420 hours during your qualifying period, regardless of the unemployment rate in your area.
Your qualifying period is usually the 52 weeks before employment insurance is paid. But your qualifying period could be shorter if you already received employment insurance in the last year. Or your qualifying period could be longer if you couldnt work for part of the year because you were pregnant or sick for example.
The minimum number of hours you need to work is higher if, in the past, you broke certain rules about receiving employment insurance benefits.
My Boss Told Me I Dont Have A Right To Unemployment Is That True
Your boss has no right to decide whether or not you receive unemployment benefits. That decision is made by the Employment Development Department . Your workplace doesnt want you to know this, but receiving unemployment benefits isnt that hard.
Youll receive your unemployment benefits as long as you were involuntarily terminated through no misconduct of your own.
Youll receive your unemployment benefits as long as you were involuntarily terminated through no misconduct of your own, are physically able to work, are actively seeking work, and are ready to accept work.
Misconduct generally means more than coming in late or making a mistake, so dont let your employer push you around or scare you away from money that belongs to you. Even if you received a write-up for something and you were on thin ice when you committed the same mistake again, that doesnt mean you intended to commit misconduct or that you did in fact commit misconduct.
But be careful! Its important to be honest with the unemployment department regarding your reasons for termination. The unemployment department may deny your claim on the grounds if you were dishonest with them â sometimes even when you said something on accident during your phone interview.
The Most Frequently Disputed Issue: Reasons For Separation
On the surface, Massachusetts unemployment compensation claims are relatively straightforward. If a worker was let go through no fault of their own and they are currently looking for a new job, then they are entitled to unemployment benefits. However, in reality, these cases can become incredibly complex. Major disputes can arise over the Ã¢reasons for separation.Ã¢
Under Massachusetts law, the first issue that needs to be addresses is whether you quit or were fired. If you were fired, you will be eligible for unemployment benefits unless you were fired for willful misconduct. On the other hand, if you quit, you can still obtain benefits if you quit for sufficient cause attributable to your employer. For example, if a person is sexually harassed at work, complains through the proper channels, but the harassment continues, he or she will likely be eligible for unemployment benefits.
Also Check: Unemployment Requirements Tn
To Show That You Acted Against His Or Her Expectations Or Interests
Your employer must show:
If you are fired because you could not do the job, you can still get unemployment benefits.
If you are laid off, the Department of Unemployment Assistance will talk to you and your employer to find out if you can get benefits. Make sure you tell DUA your side of the story.
If you are fired, you will need to contact DUA and apply for unemployment benefits. The sooner you apply, the better. The longer you wait, the higher the chances that your benefits will be reduced.
Can You Collect Ei If You Quit
If an employee voluntarily quits their job without just cause, they will not be eligible for EI benefits. This means that if it was the employee and not the employer who initiated the end of the employment relationship, the employee will not be able to access EI benefits.
If an employee quits their job, in order to access EI benefits they would have to show that quitting was the only reasonable option. Just because an employee feels they have a good reason to quit does not mean that quitting is justified in the eyes of Service Canada.
Just cause for quitting, in the context of EI, involves a very serious situation in which an employee had no other option but to quit. This includes:
- Sexual or other harassment
- Working conditions that endanger health and safety or,
- Your employer is doing things that break the law.
For more information about these reasons, and for the full list, go to the Government of Canadas website: Employment Insurance and voluntarily leaving.
If you require information about the process of applying for Employment Insurance, the best way for you to proceed is to contact Service Canada.
If you have been terminated with or without cause, it is important that you consult an employment lawyer to learn your options concerning severance pay from your employer. Depending on your circumstances you may be entitled to a substantial severance package and Monkhouse Law lawyers can help you get what you deserve.
You May Like: Unemployment Pa Ticket Number
Look For Important Documents From The Edd
You will receive these documents in the mail within two weeks of submitting your unemployment application:
- Employment Development Department Customer Account Number NotificationYour EDD Customer Account Number is required to register for UI Online. If you were automatically enrolled in UI Online or already have an existing UI Online account there is no need to re-register. Your EDDCAN may be used instead of your Social Security number when speaking with the EDD so it is important to keep for your records.
- Use this form to certify for continued benefits every two weeks. You can also certify through UI OnlineSM or EDD Tele-CertSM.
New Hampshire Ui Eligibility
In order to be eligible for unemployment insurance benefits in New Hampshire, a worker must meet three requirements:
- Earned at least a minimum amount in wages in the year before they became unemployed.
- Be able to work and are actively seeking a new job.
- Be unemployed through no fault of their own, as defined by New Hampshire law.
While the question of how much an employee earned in their base period is a straightforward mathematical calculation, the other two conditions depend on state regulations. The New Hampshire of Employment Security agency determines the issue by looking at a workerâs circumstances. For example, those in jail, on vacation or in school full time are not likely to be considered available to work, nor is someone with transportation or child care issues. A worker must also actively look for work each week and provide the contact information to the agency.
Don’t Miss: Who Qualifies For Unemployment In Tennessee
Can I Collect Employment Insurance While Working A Few Hours A Week
You can work and still collect employment insurance. But your benefits will be reduced by the amount you earn. If you are collecting employment insurance, you must report any money you earn from a job, even if you are not earning a lot.
You should know that pilot projects from the federal government might let you keep collecting employment insurance even if you have started working. Visit Service Canadas website to learn more.
Are You Available And Actively Searching For Work
To maintain your eligibility for unemployment compensation, you must be able to work, available to accept a job, and looking for work. If you are offered a suitable position, you must accept it. You must also keep a written record of your work search contacts, which the agency may ask you to submit at any time.
Dont Miss: Maximum Unemployment Benefits Minnesota
Recommended Reading: How To Make Money When Unemployed