Getting Fired and Unemployment Benefits



Getting fired from a job is understandably,  an emotional time and  if you lost your job through no fault of your own, but via being fired for something the employer is calling  work misconduct being emotional .. can also be your undoing.

Okay, so to straighten you out, I'm not an attorney, but  I am sharing my experience as an unemployment appeal consultant to employers and they fight your right to benefits long before you even think about winning an unemployment appeal.

By the way .. it's employers who appeal and win most often.

For purposes of adjudicating unemployment claims, a quit in lieu of termination is a discharge,

So, I hope you didn't write one of those glowing resignation letters that doesn't mention the real reason you're resigning .. that you had no choice and would of been fired if you hadn't quit at the employer's  kind offer.

If you want to know when you can get unemployment if fired .. it's when an employer can sustain their burden to prove willful misconduct as the cause.

Now, was the discharge from work for something the employer must prove  .. called willful misconduct?

Why Defend Your Actions Not Rising to
Work Related Misconduct?

I know to some I may sound like a broken record who refuses to get to the answer you want to hear,

But the fact is every claim for unemployment benefits is adjudicated individually on the information gathered from both you and your employer. 

I don't know what I would think about your chances to collect  benefits until I know details .. and in many cases, get to know you just a bit because if you tend to go blank when you're nervous .. you're already in trouble and likely did nothing as an employee to save yourself.  Or did you?

So, what does your employer have on you to prove ..something found in a definition of work misconduct

Ironically, when an employer fails to meet this burden and fails to  prove  misconduct  it's often for the same reason an employee who quits can't fulfill their burden.  

Lack of proof, or supporting testimony from a first hand witness to the cause of termination.  

This can be used to your advantage, just as well as a quitter's lack of documented efforts to preserve the job can be to deny their benefits..

It is not ironic that more people will get benefits more often when fired than those who quit a job .. because of being assigned the burden of proof.







Defining What  Work Misconduct Includes

Exploring Details of Getting Fired -  aka The Q&As

Did You Really Quit in the Legal Sense?

Free Consultations Before Coaching or Hearing Representation Referrals

Other Issues That Can Deny Unemployment Benerfits

What is Hearsay and Why Objecting is Important at Hearings

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