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Unemployment Benefits When Getting Fired

The only good thing I can think of about getting fired vs. voluntarily quitting a job, is you don't have the burden to prove good cause for ending the employment relationship.

And if you don't think that burden means much, it is often what explains the reason an employer may be trying to get you to quit first.

When you're fired from your job the burden will rests upon your employer  to show the cause as your guilt of work related misconduct.   

Your guilt did not begin with the final incident, but was a documented trail of employer policy, or rule violations leading up to the final incident.

Now, documenting, that's a plan with corresponding actions to weight the credibility of testimony .. which might not be true. 

The exception to this rule of the burden being assigned to a employee who quits is if you were given the option to quit in lieu of discharge.  In this case, because you were given no choice, the burden in unemployment law anyway still goes to the employer, unless you're one of those people who writes a glowing resignation letter, which will end up as evidence you did in fact voluntarily quit.

And for those of you who like to overlook distinctions, I would like to call your attention to a distinction between in lieu of  being fired and in anticipation of being fired.

Anticipating what the employer may do and therefore choosing to voluntarily quit instead is just a bad move if you really aren't guilty of work misconduct because you did not anticipate the burden you have to prove when you quit and there was still a chance, or effort you could of made to preserve the job.

If unemployment is beginning to sound sort of convoluted and like you're the odds on underdog when it comes to fulfilling a burden.. that's a good thing.

Because guess what, people get fired for stuff that if an unemployment appeal is prepared for correctly, will also allow you to effectively rebut with something found in the definition of work misconduct.

But here is what I have discovered is the basic problem for lots of people who have been fired for something I wouldn't call misconduct.  

Your former employer isn't just the company you worked for that may fight all unemployment claims.

In unemployment appeal hearings the direct witness, is usually, your former boss, manager, or supervisor and how they behave at the hearing and how they tell the story, may differ greatly from yours.

So, although you don't have to prove a burden of good cause, you do have the responsibility to know how to rebut the case the employer is proving.

There are plenty of free questions about getting fired that discuss misconduct and rebutting it. 

But whether you get, or keep benefits will come down to knowing a bit more .. like how to win a first level unemployment appeal hearing.

Basic Reasons People Get Fired

This is a short list of coded reasons employees get fired.

  • DCVR - Discharge for Violation of Rule (general and may be subjective and unreasonable)
  • DCUA - Discharge for Unacceptable Attendance
  • DC JP - Discharge for Poor Performance
  • DCI     - Discharge for Insubordination

There is of course many more codes, but this will do for now as these are the most common reasons.

The point is that guilt, or innocence can be quite subjective depending  on your point of view, but the unemployment law uses something called the "reasonable person standard" to find the objectivity. 

Once good sense is applied to details as related by both you and the employer, you will either be determined to be eligible, or ineligible for benefits.

But all unemployment determinations are appealable to the lower authority appeal tribunal and you really should do everything within your power to win this first hearing, no matter who appealed.

More About Getting Fired

Can I Get Unemployment Benefits When  Fired?

Definition for Work Misconduct

All Unemployment Questions and Answers