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

If you're here .. I might suspect you want to know how to collect unemployment insurance benefits, or maybe you just want to sound off about why you didn't get benefits.

As for me .. it's been ten years since I first became unemployed from my job in unemployment, but while searching for a new line of work, that might free me from "at-will employment"  I decided why not.  Why not offer ideas, solutions, or commiseration  based on my experience coordinating tribunal hearings for thousands of employers.


Referrals to Professional Unemployment Appeal Hearing Representatives

Alabama | Alaska | Arkansas | California | Colorado | Florida | Georgia | Hawaii | Illinois | Iowa | Kentucky | Louisiana | Maryland | Mississippi | Nebraska | Nevada | New Hampshire | New Mexico | North Dakota |Ohio Oregon | Pennsylvania | Texas | Utah | Vermont | Virginia | Washington | Wyoming


In 2006 all I dared hoped for was to alleviate some frustrations of those who actually look for answers.  Although often caused by varying state bureaucracies, to be real .. it is otherwise known as a state unemployment administrative law agency.

Yes, state unemployment laws are not created equally state to state.  But I often use a resource from DOLETA (Department of Labor Employment and Training Administration) that really does explain much about what varies .. means.

Yes, it's possible to quit a job and receive unemployment benefits.  But if you don't know the burden you're assigned when you quit .. you may be up a creek without proof of good cause.

Yes, it's possible to to be fired and get unemployment benefits.  But you still have to know how to rebut guilt of the misconduct .. because you know the employer will try to prove .. right?

Prove .. rebut, burden?  All part of the standard of law you should strive for and then perform to meet head on.

Recent Articles

  1. 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

What Works to Deny Benefits is The Same as What Allows an Unemployed Person to Collect Unemployment Benefits

I focused a lot of answers to questions on why knowing how to win a tribunal unemployment appeal hearing is a good idea when you apply for unemployment benefits.

That's what coordinating that FIRST level appeal hearing for employers did for me as an employee.

I couldn't help but notice the avoidable errors made by employees that were covered under the general statement .. If, they had only known what to do, while still employed.

Proof of what you claim to be the fact, is what adds weight to your words to make them more believable .. or credible to the unemployment department ..

In a nutshell, unambiguous evidence to corroborate your story you weren't at fault for quitting, or getting fired, amounts to being procedural gold.

Nothing here is intended as legal advice,

I am not an attorney, but this doesn't mean Unemployment Tips isn't educational, or can't offer legitimate referrals to unemployment hearing professionals, also not attorneys .. who also learned on the job working for unemployment cost control companies as employees, or independent contractors .. I used to talk to daily.

Pull Your Unemployed Head Out of Your Feelings .. Please

Too blunt for some I know, but then feeling your way to benefits is often the problem.  It took lots of patience, stress and practice to become the objective pragmatic with some cynicism thrown in.

If you're unemployed with a tendency to trust, or assume facts not in evidence, I strongly suggest disconnecting from how you feel for the sake of explaining what happened to cause you to quit, or an employer to fire you for the administrative law agency.  When you apply for benefits, they want truthful, but RELEVANT facts about the burden of proof. 

Still employed?  Good for you there may be time for you to still get on the at-will wagon and create some relevant and unambiguous documentation, (let's just call it your evidence for now) to either meet, or rebut the burden of proof the unemployment insurance law agency focuses on right after you apply.

The Secret to When, If and Then How to Collect Unemployment, Is Identifying the Burden of Proof Assigned to the Moving Party

My job experience was related to knowing testimony and evidence either rises to meet  the standard of law or rebuts the burden of proof was met.   And to help an employer win .. I went in search of helpful documentation .. aka proof to meet, or rebut the burden to prove fault.

If you were fired for misconduct, you don't have to prove your guilt .. fault, but an employer does, so why wouldn't you want to consider what the employer must prove to the state to deny benefits, or what you must rebut to block them from meeting their burden of proving you to be at fault... This widely accepted definition for work misconduct makes very clear what employers should at least attempt to prove. 


As you might have noted elsewhere, state unemployment laws  do vary .. sometimes wildly, but that's no excuse to just ignore them.

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. 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

  2. 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

  3. 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

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