Thursday, September 29, 2022

Can I File For Unemployment If I Was Fired

Don't Miss

Denver Unemployment Benefits Lawyer Fights For You

Legal Information : Can I Collect Unemployment If I Was Fired?

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.

What You Should Know

Did you know that if you are fired due to your own misconduct, you will not be paid regular benefits. After being fired from your job, you must work the minimum number of insurable hours required to get regular benefits.

However, you may still be paid maternity, parental, sickness and compassionate care benefits as long as you qualify for these benefits.

What Is The Base Period For Unemployment In Arizona

one-yearYour monetary eligibility for unemployment insurance is based on insured wages paid to you during a one-year period called the base period. In most instances the base period will be the first four of the last five completed quarters prior to the date you first applied for unemployment insurance.

You May Like: What Is Unemployable Va Benefits

Can You Get Unemployment If You Lose Your Job For Refusing To Get Vaccinated

An increasing number of major companies, health systems, and government agencies are incentivizingand even mandatingemployees get vaccinated against COVID-19. Most recently, United became the first airline on Friday to require all 67,000 of its employees to get vaccinated by Oct. 25 or risk losing their jobs.

But what happens to those who quit or are dismissed for refusing to get vaccinated? Are they eligible for unemployment benefits?;

The short answer is that while its complicated, in many cases, these workers likely wont be eligible for unemployment benefits, also known as unemployment insurance benefits.;

Unemployment insurance is generally available to individuals who lost work involuntarily, or who left for good cause, said Brian Galle, a law professor at the Georgetown Law Center who has written about unemployment benefit issues throughout the pandemic. In most states, an employee has “good cause” to leave if they were discriminated against on the basis of religion, or if their workplace imposed unreasonable health risks.;

Making that good cause argument more difficult is the fact that the Equal Employment Opportunity Commission issued guidance noting that federal anti-discrimination laws don’t prohibit employers from requiring all employees who physically enter the workplace to be vaccinated for COVID-19.;

Video: Fired for being unvaxxed? Why you might not qualify for unemployment

This story was originally featured on Fortune.com

Can I Collect Unemployment If I’m Fired

Can I Collect Unemployment If I Am Fired

The Balance

Unemployment benefits exist to help protect workers if they lose their job through no fault of their own, so they can make ends meet until they find a new position.

Depending on the circumstances and the state you worked in, you;may be able to collect unemployment if you are fired from your job.

You May Like: Do I Need To Amend My Tax Return For Unemployment

Q: Can You Get Unemployment Compensation

A: You are eligible to receive unemployment compensation if you:

  • Were fired or laid off through no fault of your own, or if you were forced to quit because of a compelling reason, and
  • Are able and available to work at another job that is suitable, considering your skills, education, or training, and
  • Worked for a company that paid unemployment compensation taxes, and
  • Earned enough money to qualify for unemployment compensation.
  • Q: If You Are Pregnant Can You Collect Unemployment Compensation

    A: Yes. The same rules apply to pregnant women as apply to everyone else. However, pregnancy is not considered good cause to voluntarily quit a job. If you choose not to work because you are pregnant, you cannot receive unemployment compensation. However, if your company fires you because of your pregnancy , you can receive unemployment compensation. You can continue to receive your unemployment compensation benefits after the child is born if you are able and available to work.

    Don’t Miss: How Do I File For Unemployment In Florida Online

    How Do I File A Claim For Unemployment

    You have one week after you have lost your job or had your hours reduced to file your claim otherwise you may be subject to reduced benefits. Here is the information you will need to include in your claim:

    • Your last employers company name, supervisors name, address, and phone number
    • Last date you worked and the reason you no longer are working
    • Gross earnings in the last week you worked
    • Information on all the employers you worked for in the last 18 months
    • Citizenship status, and if youre not a US citizen, information from your employment authorization document

    If you were accepted to receive benefits, you will asked to continuously prove your eligibility every two weeks via a Continued Claim form. You can receive benefits for up to 26 weeks with a weekly payment of $450.

    Rules For Unemployment After Quitting

    Filing for Unemployment in Maryland – I Got Fired Podcast

    A good rule of thumb is to ask friends or family if they would have quit in the same situation. Leaving because you wanted more money isnt usually a good enough reason to quit if you are going to need unemployment benefits.

    You can still get benefits if you can prove:

    • A reasonable person would not have stayed at the job
    • Sexual harassment or discrimination
    • Reduction in hours or wages
    • You are being threatened about being fired
    • Your job is unsafe
    • You are being harassed or abused because you are a whistleblower

    Many attorneys offer a free phone consultation. You should explain the situation at work and ask them if you have a case. They can explain the likelihood of you winning your case and your various options for unemployment.

    While it is advisable to consult with an attorney who can advise you on the potential pitfalls of unemployment applications, you may also file for unemployment benefits on your own. In your application, you may be afforded a chance to explain the situation. If you are denied, you do have the chance to appeal the denial and try again.

    Read Also: How To Apply For Pandemic Unemployment

    Gathering Facts From You And Your Employer

    In order to make a fair and objective decision we must:

  • give you and your employer the opportunity to provide information as to the reasons for the firing; and
  • take this information into account to make the decision.
  • 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.

    How To Appeal A Denial Of Unemployment In Hawaii

    How to Appeal a Denial of Unemployment Benefits in Hawaii If your unemployment claim is denied, you have ten days to file an appeal with the Employment Security Appeals Referee Office. A hearing will be conducted by phone by a referee. You will be able to present evidence and witness testimony at the hearing.

    Don’t Miss: What Time Will My Unemployment Benefits Be On My Card

    Heres How Unemployment Benefits Work

    First of all, how exactly does unemployment work? Well, it varies by state, but generally youll only be able to claim unemployment benefits if you have been working and then lost your job.

    After you lose your job, you can call your states unemployment office or go the their website to find out how to apply. You may then be contacted by a person from the agency to make sure that you qualify.

    Youll need to regularly file an unemployment claim and prove youre still looking for work to continue receiving the benefits. Whether you find work or not, those benefits will run out in a matter of months. The standard length that unemployment benefits will last is 26 weeks, though some states have cut down that time, and states as well as the federal government can extend the time period during economic downturn.

    Q: What Are Some Reasons You Could Be Denied Unemployment Compensation

    What to Do When You Have Been Fired

    A: You could be denied unemployment compensation if you:

    • Voluntarily quit your job, without a compelling reason
    • Were fired because of willful misconduct or refused suitable work
    • Are unable or unavailable to work
    • Are incarcerated following a conviction
    • Are participating in a strike
    • If you are a school employee temporarily laid off during an established and customary vacation or holiday period.

    You May Like: Can I Apply For Disability While On Unemployment

    How Do I Apply For Benefits

    As soon as you lose your job, you should go to your local Department of Employment andWorkforce or DEW Office. Look on DEWs website for the application through theMyBenefits Portal. You will fill out an application and may talk to an interviewer who willask questions to see if you qualify. You will need your Social Security number and the namesand addresses of your last employer.The interviewer will also talk to your employer and ask why you are no longer working. Amonetary eligibility decision will mailed to you, followed by a written decision. Theapplication process will probably take about three weeks.

    Check Eligibility For Unemployment Benefits

    Most Massachusetts workers are covered by the Unemployment Insurance program, although workers in some jobs may not be eligible for benefits.

    If youre;self-employed, a contractor, or;otherwise;not;traditionally eligible for Unemployment Insurance benefits, you may be eligible for Pandemic Unemployment Assistance . If youre;unemployed;due to the COVID-19 public health emergency, and are able and available;to work,;learn more about PUA.

    When you apply for Unemployment Insurance , your initial eligibility for benefits is based on your earnings and your reason for leaving your job. Ongoing eligibility requirements include being able to work, available for work, and actively searching for work.

    You May Like: Where To Apply For Unemployment In California

    What Happens If You Get Fired From Your Job In California

    If you were fired, then according to the California Employment Development Department , you were discharged. Their definition of discharged means you did not voluntarily quit your job or were laid off due to lack of work. If you were discharged you were ready and able to work, but your employer would not let you.

    When To Take Your Case To A Lawyer

    How can I collect unemployment benefits after being fired from my job for failing a drug screen?

    With so many attorneys offering a free phone call consultation, it is a good idea to run your situation past a professional to get their initial opinion and information about the costs of pursuing a claim. If you hire counsel, they will be able to advise you on accepting the denial, doing an appeal, or taking things to court.

    You can always seek a second legal opinion as well. If you feel your job loss and unemployment denial were wrong, then you should start gathering knowledge on what you can do about it.

    Don’t Miss: How Do You Set Up Direct Deposit For Unemployment

    Examples Of When To File A Wrongful Termination Claim

    One example of when you may be able to claim wrongful termination falls under subsection of Floridas Unemployment Compensation Lawa violation of an employers rule. If the employers rule is not lawfulfor example, it violates the Occupational Safety and Health Administrations safety rulesthen you may be able to prove that you were working under unsafe conditions and move forward with a lawsuit.

    Other examples of wrongful termination may involve retaliation from an employer after an employee filed a complaint after they had been dealing with sustained sexual harassment at work over a period of time that included inappropriate sexual comments or touching. It is also not an uncommon occurrence for workers to be targeted for taking time off to have a baby or take care of a sick or injured spouse or another close family member through the Family Medical Leave Act .

    If you feel that you were unfairly denied unemployment benefits or wrongfully terminated through no fault of your own, it may be in your best interest to contact an unemployment law attorney.

    Check out these related blog posts:

    Can I Be Fired For Refusing to Go Back to Work During the COVID-19 Pandemic?

    Coronavirus , the Workplace, and Employee Rights

    Is It Better To Quit Or Be Fired

    If you have another job lined up, then it probably makes more sense to quit rather than wait to be fired. If you dont have a job lined up, then waiting to be fired could give you more time to job search while still getting paid. Employers are sometimes hesitant to hire someone with a track record of being fired.

    Recommended Reading: How To Sign Up For Unemployment In Kentucky

    While You Receive Benefits

    If you do meet all the various qualifications to receive unemployment, be aware that compensation comes with conditions. While you are receiving unemployment, you must be actively seeking a new joband states can request proof of your job search.

    If you turn down a suitable position , your unemployment benefits may be terminated. Also, during the Great Recession that bottomed out in 2009, many states changed their laws to prohibit receiving severance and unemployment benefits simultaneously.

    What Will Disqualify You From Unemployment Benefits

    If I Work 2 Jobs And Lost One Can I File For Unemployment

    Regarding misconduct and unemployment benefits, an attorney can help determine if you may have committed misconduct because, as mentioned, it is not always easily definable. What disqualifies you from unemployment benefits can be hard to understand.

    For example, if you have been terminated for chronic absenteeism or tardiness, the number and length of absences will be considered, as will the need for your former employer to prove there was no just cause for the absences or that you did not provide sufficient notice.

    The same holds true for employers rules, which are often not consistently or fairly enforced. Finally, under Floridas Unemployment Compensation Law, employee misconduct can occur outside of the workplace. But how is conscious disregard of an employers interests outside of the workplace defined?

    Don’t Miss: How To File For Unemployment In Illinois Online

    Can I Get Unemployment If I Was Fired

    The California unemployment insurance program is a program that awards benefits to employees who have lost their job or in some cases, have had their hours reduced. There are a set of eligibility requirements one must meet in order to receive benefits. In order to qualify an employee must

    • Have received enough wages to during the base period
    • Be totally or partially unemployed
    • Be unemployed through no fault of their own
    • Be physically able to work
    • Be available for work
    • Be ready and willing to immediately accept work
    • Be actively looking for work
    • Be approved for training before training benefits can be paid

    If You’re Fired For Refusing To Work Due To Coronavirus Concerns

    Can you get unemployment benefits if you were fired for refusing to work because of concerns about exposure to the coronavirus ? It depends. You may have a legal right to refuse to work under conditions that a reasonable person would believe create a risk of serious harm, if there isn’t enough time to get an inspection from the federal Occupational Safety and Health Administration and you raised the problem with your employer. So if you brought up your concerns about undue exposure to COVID-19 at work, and your employer wasn’t instituting reasonable precautions to protect employees, you might be eligible for unemployment benefits after being fired for refusing to work under those conditions. In most states, however, you probably won’t be eligible for benefits if your employer offered the appropriate training and equipment to protect you from the virus, but you chose to stay home anyway. If you’re in doubt about whether your employer’s protective measures were sufficient, you can apply for unemployment and allow your state’s unemployment agency to make this determination.

    You May Like: How Do You Get Insurance If You Are Unemployed

    Can I Work While I Am Getting Unemployment

    You can work part-time while getting unemployment, but the amount of your wages is taken out of your unemployment money. This is how it works:

    • If you work less than 32 hours OR if the hours at your job were cut to below 32 hours and you now earn less than your weekly unemployment;amount, you can get a partial payment. ;
    • If you work 32 or more hours in a week or if your gross earnings for a week are the same as or more than your weekly unemployment amount, you won’t get unemployment;for that week.

    It is really important for you to report all of your earnings and other income to the Unemployment Office. Report your earnings from all jobs, even temporary or part-time jobs. Report the earnings even if you think the Unemployment Office already knows about the job.

    If you do not report all of your earnings or other income, you will get an overpayment. You have to repay this overpayment back to the Unemployment Office, plus interest. You may also have to pay a fraud penalty.

    Each case if different. Call your local legal aid office right away to talk about your case.

    You can find your office here: .

    You can usually get up to 26 weeks worth of unemployment insurance, but you have to use them within a year of the date you apply.

    Every week you need to log into your account or call and ask for benefits.

    More articles

    Popular Articles