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)

Jul 31, 2014
in severe pain
by: Anonymous

Im waiting on the final decision if i am going to be able to collect. I am finacially eligable. One day i went to work i was having severe abdomanel pain but still went to work and never called out. I also still worked to the best of my ability. The dr. I worked for saw i was in severe pain and offered to write me a perscription of pain medication just to get me threw the weekend untill my drs apoitment. I said ok an thanked him for getting me out of pain over nite. I never took anything while working. Then 3 weeks later i was called into the office and got fired but with no reason given, i was also told i would be highly recommended to another employer. I then found out they were trying to fight my unemployment when i was called to give a statement because they said i had asked for them to write me a perscription. I never asked they offered and i was never given a verbal warning or even a reason for being fired. They were just using the only thing they could think of to try an have good reason to collect. They kept me still for another 3 weeks after this. I am getting medical treatment for my condition but still it never stopped me from working and giving my job 110% of my best work. Should i be able to collect unemployment. I have ti wait 48 hours to find out and its killing me. I did nothing wrong they offered the help of getting me out of pain for tge weekend untill my doctors apointment. Please help.






Clearly, you haven't told me anything of necessity to answer your question, if you are waiting on the "final decision".

If this is the case and someone appealed the initial determination, you have already had an unemployment appeal hearing and know what the employer's argument is regarding the circumstance surrounding how you obtained that prescription because whatever state this is, both employer and employee receive a hearing notice.

So why don't you tell me how you used that prescription written and signed by your doctor (and likely a copy available from the pharmacy, although maybe requiring a subpoena) to show you there was no work misconduct to get fired for?

Now, what makes me think you're still waiting for the initial determination is the comment about having to wait 48 hours to find out what the decision is.

A first level unemployment appeal hearing decision can take up to two weeks to be issued.

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