Can I Collect Unemployment After Getting Fired from a Job?

At this point, I can't say one way, or another, if the reason you were fired from your job should result in getting, or being denied unemployment benefits.

But, there's a reason for my unwillingness to commit to a definitive answer for anyone getting fired from a job.

It's because the moving party was the employer and that means they are the party who is assigned the burden of proof.   Meaning they now have to prove your discharge, for whatever reason, was misconduct connected to the work.

But as the other interested party to your unemployment claim, you should realize it's not necessary for you to help an employer prove it was your fault.

Instead, when dismissed, I suggest you prepare to the best of your ability to quasi-legally rebut whatever reason an employer related to the unemployment department, is not consistent with at least some portion of this widely recognized definition, of work related misconduct actually amounts to.

The one thing you have going for you when fired is that you weren't the moving party assigned the burden to prove you quit your job with good cause.   

Clearly, I also have theories about what employees do, don't do, and should do, at crucial intersections while employed before they are discharged for some reason that is usually played out by an employer as misconduct .. whether it was, or not. 

And I put many ideas forward about how I would try to collect unemployment, or win an unemployment appeal in the questions and answers about getting fired.

But at the core of any theory is my belief that from our first job, we begin an indoctrination to the simple idea promoted by in at will employment doctrine and become blind to what we should be aware of, our rights as an at-will employee.

Because sometimes, it's a right to what's in our own best interests that literally protect a job, ourselves, or our due process right to effectively rebut an employer arguing the reasons why we lost our employment, due to our own fault.

Definition of Misconduct Connect to the Work

You need to clear your head, so those feelings you're experiencing don't obscure what's behind the argument that proves your guilt of work misconduct, whether the employer's effort be right, wrong, or  just indifference.  

So please, just read this defining Wisconsin Supreme Court decision as to what willful misconduct means.  

Believe me, decisions are more clarifying, interesting and educational than any  unemployment statute, this precedent literally, interpreted.  It's been adopted in totality, or in part by many states, even those states who have chosen to define work misconduct.

And then, you can find the free Q&As about getting fired because they may help you to see a way to show why your employer can't sustain misconduct should you, or the employer decide to write an unemployment appeal letter.

Have You Ever Thought About an Employee Handbook as Holding Potential Evidence?

You may of worked for an employer who really didn't have an employee handbook because I hear it all the time. But the employers I used to work with, always had one, even if it could be like pulling teeth to get a copy of the rule someone was fired for violating. 

Basically, we're talking about the employer's book of rules and expectations, but often, those rules, terms, conditions, and expectations can apply to you, or the employer.

For instance when a bad boss has got you down, or you think they're about to come in for the ... termination ..

I'm going to ask an employee, if the employer may have an official grievance policy, dispute resolution, or a complaint process to follow in the employee handbook, because therein lies a reasonable path for you to begin the process of documenting to the reality of your actions, and that of the employer ..

At the front of many employee handbooks, one will usually find a disclaimer which seems in contradiction to the very idea of even having an employee handbook.  It disclaims what's in the handbook by stating your employment is still at-will ..

Don't let that throw you.   It's there because without it, the handbook might otherwise be interpreted as an actual employment contract ..

Which might make any termination found to be for something other than work misconduct a wrongful termination. 

Whether you're currently unemployed, or employed, please peruse the questions and answers about getting fired before you choose to submit a new question for consideration of being answered on the collect unemployment blog.

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