Getting Fired and Unemployment Benefits



What do you need to know  about getting fired from your job other than how badly you feel,  even  if the  belief is the discharge wasn't for work related misconduct?

First,  know it is true, that some  people who have been fired for something other than misconduct may be initially denied benefits. wrongly.  (Keep filing though to get the unemployment backpay).

If this weren't bad enough,  people who are in fact .. guilty  of doing an intentional wrong  at work (at least, to the reasonable person) may actually get to  collect benefits initially.  (Don't spend the benefits if you're concerned about unemployment overpayments.)

But, here's the thing about  initial non-monetary determinations (the one you get after the claim interview).  They are figuratively, written in wet cement.

If you were fired you can appeal a denial of benefits, and when the employer objects to the erroneous determination there was no guilt .. or likely proof of misconduct.

But, it's an unemployment appeal letter that leads to a full fact finder.   You and your former employer are allowed to make opposing arguments at the  tribunal unemployment appeal hearing.




Argue?  Yes, to the Definition of Work Misconduct?

So, what does your employer have to prove you're guilty of  something found in this generally accepted definition of work misconduct.   ( Be prepared. Check to see if your state UI laws vary on the issue)

Of course the reasons for getting fired are  important, but a reason is not what fulfills a burden of proof .. or rebuts one at a hearing that has it's own rules of procedures.   

It's fairly difficult to break the rules that are important, at a first level unemployment appeal hearing.

But what's even more difficult, is to take advantage of and use those rules of procedure .. to your own benefit of winning.






Define Work Misconduct

Discussions About  Getting Fired

Discussions About Other Unemployment Issues

Appeal Coach and Hearing Representatives

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