Can I collect unemployment if I have been fired?

by Anonymous

I had been working at the company for 5 months when one day I was called in and told that they were letting me go. I was within my probation period so they didn't have to give me a reason. This was completely out of the blue. No written warnings, no indications, nothing. Just let go.

As far as I know I was doing what was expected. I was never told otherwise.



Hi Anonymous,

File for unemployment. If the employer comes up with a reason between now and when the state requests an explanation, you'll probably find out why when the state tells you what the employer said and ask for a rebuttal from you.

You should not be denied unemployment if the employer did not give you a reason.

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May 22, 2009
Thanks for responding,.
by: Anonymous

The State did send me paperwork to fill out that asked a bunch of questions like: Where you given written warnings? Did you violate company policy? What type of performance warnings did you get, etc. My answer to all of those were: NONE.



Hi,

Those questions are being asked to determine if you were fired with good cause. They'll ask the employer too.

Unless an act is egregious enough that the employer had no choice, but to fire you immediately (this is a matter of common sense) then the state usually approaches it from a viewpoint of .. the claimant should be made aware that any further infractions of a rule may jeopardize their job. A state also considers the employer's progressive discipline policy when determining misconduct.

In your case .. no warnings. That's a good thing.

Feb 04, 2010
Interesting...
by: Michael

I did not know that you could receive unemployment for being let go during your probationary period, with or without cause. I am curious to know how the unemployment office ruled on this one.



Hi Michael,

It does become a problem when people don't come back to update what happened.

But your question confuses me. You can't receive unemployment if let go during a probationary period for good cause.

But some states have provisions which presents an opportunity for the employer to be non-charged if they terminate someone during a probation period.

This is a value of having a third party handle unemployment because there are lots of complicated tax issues for employers. A third party makes sure the tax bill is as small as possible .. because state's do like to hang onto every penny they get.

As far as collecting benefits, the reason for the separation from "the most recent work" must always be examined on the merits and a determination issued either allowing or denying benefits.

If the employee gets benefits and the employer is non-charged, the benefits come out of a state's general fund instead of an employer's SUTA (State Unemployment Tax Account)

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