Getting Unemployment Benefits
When Getting Fired

Getting fired; it can happen to anyone, even to employees who are not guilty of work related misconduct.  

And not all who do get fired for a reason they believe to be through no fault of their own, will be able to show they were fired for something other than misconduct once at an unemployment appeal hearing.  

On the other hand, if you're lucky, or knowledgeable and can  explain to the claim adjudicator why your employer fired you for something other than how misconduct making him/her unable to meet the initial burden of proving misconduct based upon the available information and allowed to collect benefits off the bat .. you may still want think about be as prepared as possible, in the event an employer decides to file an unemployment appeal ..  

Instead of giving into your natural inclination to breathe a sigh of relief yet.

Basing Guilt of Work Related Misconduct
on the  Available Information Only

Suffice it to say, I know for a fact it's not only  questions I've answered about getting fired that have been based upon insufficient available information, but it is insufficient info that is often the same reason official erroneous initial determination of benefit eligibility (the non-monetary determination), are also made .. whether allowing, or denying benefits.

Basing an employees guilt on available information is also, not a full exploration of additional facts that may be relevant for an unemployment law to allow, or deny unemployment benefits when the totality of circumstances finally comes to light through testimony, evidence, and effective cross examination.

However when you disagree with an initial determination, the next option is to appeal for a first level tribunal hearing .. also called a full fact finder to set the facts and the record straight.

But for employees go have been discharged from their job .. they often had a hard time, or never attempt to reconcile with a fact that their feelings as the one who got fired have very little to do with how you rebut an employer's burden and the strategies used at a hearing that can sustain misconduct existed  .. sometimes even if the circumstances have an iffiness to them to  be good cause to end the employment relationship.

Well, some of you won't know what I mean when I say you need to have your rebuttal argument ready to go .. until you get to that first appeal hearing.

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