Search This Site.

Can You Collect Unemployment Benefits if Fired or When You Quit?
You Will If You Prove It Wasn't Your Fault .. 

I know it sounds strange to suggest the idea that employees who should learn why they deserve to collect unemployment benefits, when most go out of their way to avoid the need to collect.   But the truth, at least as I see it .. is when you're the employee in an at will employment relationship .. there's no excuse for how difficult it can be to find basic services, or answers to help understand if, when, why .. and   how to collect unemployment benefits 

I don't represent what is just information as being legal advice .. however, I do think there is room for common sense when discussing this antiquated insurance program, initially prompted by the great depression .. way back in 1935. 

I hope I've spilled enough beans picked up while working as an unemployment hearing coordinator.  

If you're stuck DIYing your way to benefits vs. paying for solution base,d coaching, or professional unemployment appeal representation, please feel free to take your time, use the search bar and figure out what your state unemployment law agency should be looking for in your case, while you make your way through the process,  to what I only hope will be a fair and impartial finding that didn't take advantage of what you didn't know before you quit, or got fired.

Ready? to see if you're missing an important element about the burden of proof to get and keep unemployment instead of being denied at a tribunal unemployment appeal hearing, because you had little to go on to know how you should represent yourself .. when pro se? 

If you're thinking this is some sort of a scam, please read more about me, or simply email me to receive my phone number and hours available.

What is Unemployment's Burden of Proof?

Employees  seem to get what the burden of proof  was all about after a hearing .. when it is generally too late to now realize how it is .. you go about  meeting, or rebutting the burden.  

The burden is  the problem assigned to the moving party that requires them to prove there was good cause to end an at-will employment relationship.   But no matter if you're proving to meet, or rebut the burden has been met, there is the standard of law both an employer and an unemployed person is expected to get first.

If pressed for the hidden secret as to why some get benefits and other are denied when the circumstances for separation are similar,  I'd say it knowing what this standard is, and how to rise to it prior to a voluntary quit, or discharge for misconduct as an employee, or at least before attending an unemployment hearing to fully explore, through testimony and/or evidence to expose which party was at fault .. no matter the cause.

Unemployment Insurance and It's Burden of Proving the Truth as Fact 

Can You Collect Unemployment When You Quit?

To smash a boneheaded myth .. let me begin by saying, it's possible to quit with good cause and collect benefits .. merely because good cause is mentioned in every state's unemployment laws.

To apply and receive benefits after you quit a job, my advice is to generally intended to help employees because so many feel trepidation about what it takes when I say you must be willing, ready and able to meet the burden of good cause while still employed to improve your odds of meeting the burden .. post job separation.

More about proving your burden of good cause to quit a job

Free Q&A's about proving fault as being an employer's

Can You Get Unemployment When Fired From a Job?

To smash another myth .. unemployment benefits when fired from a job works more often for only one reason I can think of.  The employer was not able to meet it's burden of proving the cause as being work related misconduct.

Work misconduct defined 

Free Q&As about rebutting guilt of misconduct


Free Resources I Believe Will Help Help Anyone Figure Out When Unemployment Law Can Be Made to Work for .. Or Against You

 The free unemployment laws resource page has links to varying official state and federal websites.

Including the ones I kept linking to when I answered individual questions .. for free.  

All are the bookmarks I acquired, while scrounging the internet in my early attempts to improve my ability to do the job, that ultimately became the impetus for Unemployment-Tips.com being for employees losing jobs through no fault of their own, but still seemingly unable to win a lower level unemployment hearing, resulting in a hearing decision being basically, the last word on who was at fault.

Unemployment Laws and Explanatory Free Resources

Recent Articles

  1. Fired for requesting personal days off during family crisis

    Jan 09, 17 04:21 PM

    I worked for my company ( Hospitality Chain ) for one year and four months. Previously to me being fired, I had accumulated one absence until I called

    Read More

  2. Yelling boss made it a hostile place to work for my son

    Jan 09, 17 03:50 PM

    My son's new boss was verbally abusive yelling at my son in an angry way. This new boss made the work environment so stressful my son walked off the job.

    Read More

  3. Get A Job .. in the Cannabis Industry?

    Dec 29, 16 03:30 PM

    I live in a state that has jobs in both medical and recreational retail marijuana sales. And I live in a agri-region of Colorado where growing hemp for all kinds of non-high related products presented…

    Read More

  4. Fired For Missing Work On A Day I Wasn't Scheduled To Attend...

    Dec 21, 16 08:36 AM

    I've worked for my former employer for 20 years. I came in for my normal shift on a Sunday. One of the owners (who has never liked me) was there. They

    Read More

  5. How do you get a hold of a live person at the NYDOL unemployment division?

    Dec 07, 16 03:35 PM

    I filed a claim and they instructed me to claim credit for my unpaid work week. They said I could do it online, but the website that they referred me to

    Read More

  6. Was fired and I have never been Fired in my life!

    Nov 13, 16 03:20 PM

    On 10/26/16 I received an email at 9:45am by my HR Rep that I received a $3.00 raise. I was happy and excited. But then at 2:00pm, I get called into

    Read More

  7. Unexpected suspension

    Nov 10, 16 05:28 PM

    Hello Chris, my situation is I came to work one day and about 2 hours into work I was pulled out by my district manager into another room along with a

    Read More

  8. So-Called White Privilege?

    Nov 03, 16 11:24 AM

    I worked for a private security company in Seattle for 16 months before I gave written notice I was quitting and moving back to California. I was a supervisor

    Read More

  9. Is it Work Misconduct for Eating Stale Taquitos?

    Oct 27, 16 12:50 PM

    I am in Oklahoma and was fired from my job for: Dismissed for Violation of the Employee Honest Policy, and theft. They said I was observed on video

    Read More

  10. Burnt Out? Wishing You Could Quit AND Collect Benefits Without Good Cause

    Oct 25, 16 12:20 PM

    Feeling desperate and then acting on that desperation without foresight, is ultimately the cause for why so many job leavers don't end up collecting benefits. Once a person quits their job (often the…

    Read More

Unemployment Appeal Hearing?
You Really Have Only One Chance to Win

first level unemployment appeal hearing establishes a full record of facts regarding a claim that begins with when the unemployed person is asked to give the cause for separation.  

The record created by the lower level unemployment hearing, is also relied upon to find causes to cite for a second appeal, that usually goes to a review panel, called an unemployment insurance board of review.

In simple administrative procedural terms accepts that it's documentation (evidence) that weights direct testimony at a lower level (tribunal) unemployment appeal hearing to be more credible.

Real evidence (documentation) isn't ambiguous, but it should be pointed at the secret burden too many unemployed people ignore, or simply never know while still employed.    What's that you say?  The  initial burden of proof is .. assigned to the moving party.   

And .. and unemployment appeal letter shouldn't be self disqualifying .. or a book.

Unemployment Questions About Benefits Eligibility Work Better When You're a Reasonable Person

Below are basic articles about common unemployment eligibility issues.  I try to connect the burden to how it works within the framework of unemployment laws that affect employees at work .. everyday.  

But as most employees  should know, how things happen before the end a job .. might of been drastically different, if they only knew what they should of done to alter their ability to meet, or rebut the burden related to an issue .. regardless of their own concept of fault .. after they apply for benefits.

Unemployment Tips receives well over two thousand unique visitors per day.   Although I'd like to answer every question about unemployment for the collect unemployment blog .. I personally believe I actually answered too many redundant free questions.

Free answers are abundant here in the thousands .. and for one reason.

So I can't be accused of not giving enough information for you to decide if personal coaching would be a more reasonable choice for getting answers about how, or why you should prepare your argument for unemployment benefits .. or if hearing representation might work better.


A Burden of Proof

A burden of proof  in general terms, is the standard of law you should be aspiring to reach while applying for unemployment benefits, or later,  when talking to the adjudicator of your claim asking questions about the burden of good cause assigned to moving party.  Not to mention being central at a lower level unemployment hearing to establish a record of accepted facts.

It's called a burden to prove, for good reason.

I Quit My Job

You may be able to collect unemployment when you quit a job, if you can also prove the cause for voluntarily leaving your job was for a good cause reason allowed by a state's unemployment law.  But, if it were just that easy .. more would collect when they quit.

What to prove when you quit a job with good cause.

Being Fired

Aside from being fired from a job may may feel humiliating and impact your search for a new job (conditional requirement to collect ), unemployment benefits are are in spite of the at-will employment doctrine.  I'ts UI law that requires the cause for a discharge as misconduct. 

The court decision that defined work misconduct in 1941.

Unemployment Benefits Questions?

Over the years I've answered close to 4,000 questions about how to collect unemployment .. not including the comments, often amounting to questions in their own right, that merely hijacked the original question.

My fault since I'm the one who answers questions around here.

All the Q&As appeared on the Unemployment Benefits Blog.  Therefore any new free questions I do answer will also appear on the blog and on this website.

I have thus far separated the Q&As out to the basic issue of quitting, getting fired, suitable work, as well as conditional eligibility issues like an ability and/or availability for work when the need arose, as it did when people were collecting unemployment benefits and going to school simultaneously and accepting the new standard of employment .. temp jobs.  

There's more, but this should be enough to get you started .. unless your issue is an overpayment of unemployment benefits .. which I will only talk about these days.


Q&As By Unemployment Issues

Quitting 

Getting Fired

Monetary Issues

Suitable Work

Temp Work Issues


Quitting Q&As 

As the moving party, the burden of proving good cause for quitting, is correctly assigned to you to prove.  The question remains, if the reason you quit your job, is sufficient to meet the  law and if you can  argue and prove you had good cause to satisfy the standard of law .. when you quit .. not after you quit.

Quitting and Unemployment Q&As

Being Fired Q&A

Qualifying Q&As

Unemployment Benefits Blog

  1. Fired for requesting personal days off during family crisis

    Jan 09, 17 04:21 PM

    I worked for my company ( Hospitality Chain ) for one year and four months. Previously to me being fired, I had accumulated one absence until I called

    Read More

  2. Yelling boss made it a hostile place to work for my son

    Jan 09, 17 03:50 PM

    My son's new boss was verbally abusive yelling at my son in an angry way. This new boss made the work environment so stressful my son walked off the job.

    Read More

  3. Get A Job .. in the Cannabis Industry?

    Dec 29, 16 03:30 PM

    I live in a state that has jobs in both medical and recreational retail marijuana sales. And I live in a agri-region of Colorado where growing hemp for all kinds of non-high related products presented…

    Read More

Enter Your E-mail Address
Enter Your First Name (optional)
Then

Don't worry — your e-mail address is totally secure.
I promise to use it only to send you Work Tips Newsletter.
} }