By the time the great recession was in full swing, recently unemployed people were asking lots of questions. about how unemployment insurance benefits work. And not in general terms, but for themselves as individuals. Many were not the stereotypical unemployment claimant, but the hardworking victims being tossed out the window by over-used corporate downsizing strategies meant to prove employee fault for the loss of their own job .. vs. indefensible lack of work claim for any business.
Yet, whether these people realized it or not, they were still asking if I thought they could meet, or rebut a burden of proof good cause existed at the moment they became separated from their job in relationship to the party that ended it.
Thankfully, when I was laid off, I knew there were more questions and even other things to be aware of than just how UI is supposed to work.
I believe my sorta unique perspective on how and why it works the way it does can be beneficial if you're trying to find some light.
You are free to explore freely and acquaint yourself with the basic strategies that often win an unemployment appeal hearing for a business interests, and those used to stop unemployment benefits before the job ends and well before the first UI hearing is scheduled.
Personally, I found that some of those strategies came with a human cost that plagued me after quitting time each day. But, even that can't help me help you if you choose to ignore what a legitimate quasi-legal merit is .. relative to your situation.
Some will feel regret you didn't know some of what's here as an employee.
And so I don't leave you out .. I might of found what was really needed was plain old responsibility .. and personal accountability .. Because there are those among us who cut of our own noses to spite our own face.
I know some you think you had no choices left toward the end of your job that might of helped you avoid an impulsive decision to quit your job, or your boss's decision to discharge you for a reason .. not your fault. But that why I have repeatedly made suggestions about documenting and counter documenting as an employee. Documents, when relative to the issue which allows, or deny benefits and to the cause for a quit, or discharge .. can also be called evidence which weights testimony as being more credible.
Some of you will be absolutely correct to argue on principle without evidence to support your position, but this alone, does not change the way unemployment has always worked for everyone involved .. who already know what to focus on doing at a hearing.
Interested parties to the UI process include the employee, employer and any third party employer representative that might handle claims for an employer(such as I used to work for). And of course, the state, acting as the neutral .. unbiased administrative unemployment insurance agency mandated to make all decisions fair and impartial in accordance with laws and case law, about who's right and who is ultimately, at fault.
I cannot say tell you you're right, or wrong to file for benefits, let alone file an unemployment appeal, but if repetitive job experience and the free and general information I offer means anything, know I based it on what employees proved to me over and over when I thought they had a good shot at proving they were fired from job due to no fault of their own, or resigned for reasons good cause enough to potentially collect benefits.
They fell short of the follow through to prove their story as the credible facts at the FIRST unemployment appeal hearing .. and sadly for many .. because they thought an unemployment insurance board appeal was some sort of second chance do-over.
Excellent question! In fact, I wish that before someone asks a question about quitting, or getting fired they would take a few minutes to ask in consideration of the burden of proof assigned to the moving party.
The burden is central to evaluating your odds of winning, regardless of the party that must sustain it at a hearing.. this is true even for professional unemployment hearing representatives.
Of course you can. I know this is so because the possibility is included in every individual state employment security act (another name for unemployment laws) and I did it .. once, but then I already knew what it was I had to prove to have good cause.
I'm not telling you it is an easy thing to do to prove good cause. But I am telling you having good cause and then figuring out that it's what you didn't do as an employee the can prevent you from fulfilling and meeting the burden of having good cause to quit and collect unemployment benefits and is part of the strategy relied upon by some employers.
I have found after speaking to many people who have been fired from their job that it's employees who are focused on working in the best interest of an employer .. that are given to pondering how they might of actually been responsible for being fired.
All I got to say is .. knock that off, at least for now, and read a famous unemployment precedent decision which defined what work related misconduct is, so you know what your former employer is up against in general terms to prove their burden of having good cause.
What is the opposite of suitable work? Unsuitable of course.
So I ask you, if collecting unemployment benefits requires that you not refuse, or quit suitable work without good cause isn't it a good idea to know some criteria used by a UI dept. that helps them establish what makes any job suitable to you
Temporary staffing outfits serve a useful purpose in that permanent employment seems to be a thing of the past, or something we have to now tryout for.
But being an employee of a temp agency who sends you out on temp assignments, is not much different than being a permanent employee whose work schedule is contingent on receiving suitable work assignments.
But, a number of state UI laws include special voluntary quit provisions just for temp employees which require you to be informed and on your toes .. always, for those times when the temp agency can't provide you with a suitable temp assignment.
If you are collecting unemployment benefits when you start school, or training, you are raising a flag for the unemployment department on a conditional eligibility issue to collect called being Able and Available .. for work of course. Some state unemployment laws even have special provisions to address this situation. Of course interpreting how a state law is applied to the issue can be confusing .. so thank goodness for the state by state UI law comparison charts.
Most unemployment claims are initially determined two ways. First, you get what they call the monetary determination. It qualifies you for the amount of benefits you can receive, based upon wages paid to you during your claims base period and determines the weekly benefit amount you will receiving if found otherwise eligible to receive benefits based upon the reasons for separation from a job. Some people believe the first monetary determination means they get benefits .. If only it were really that simple.