Getting Fired and Unemployment Benefits




Let me get something obvious, or maybe not,  about getting fired out of the way.  

You might of been told you must always be fired for  unemployment benefits to be paid.    I'm glad if I'm the one  breaking it to you,  that this is just another weird myth about how UI works.

The myth, as best I can tell  is  based upon bad advice from a friend, or the hope you'll   ignore that  it's the  party that moves first to end the employment,  that is actually assigned a burden to prove good cause for moving first.

If you were fired from your job, you're going to want to read a famous  definition of misconduct  because somewhere in that definition your  employer is going to find an element of it, to  prove you guilty of .. willful .. intentional misconduct connected to the work.  And you need to know what .. how you're going to counter their attack.

The burden of proof is always  assigned to the moving party .. even  when someone quits .. possibly in lieu of having no choice except to be fired.

After answering lots of questions, I have found when someone files a claim, it is not always that they are guilty of misconduct, but clueless about the claims process and that can prevent a favorable non-monetary determination at the initial claims investigation phase for reasons that aren't worth going into now, but might be discussed in a question about getting fired.



Let's Get A Definition for Work
Related Misconduct

If I haven't made it  clear yet ..  when getting fired, your employer has basically, accepted a burden to prove you are guilty of work related misconduct.

But the definition widely accepted,  should not only be stuck in my head, especially,  since I posed questions to those who asked me about getting fired who clearly, had not read the definition that was prompting my questions.

There were of course even among those who didn't bother with definitions, who I thought had indeed been fired for something other than misconduct and I could only hope my explanation would help them to see how they could prove that as fact, or if it might be too late to correct mistakes made as an employee ..while the employer was creating the perception of guilt through documentation at work.

I no longer just hope I can help,  I provide an unemployment appeal service.

More About Getting Fired

Can I Get Unemployment Benefits When  Fired?

Definition for Work Misconduct

Other Eligibility Issues

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