Getting Fired And Unemployment Benefits

There is only one reason getting fired will be enough to deny benefits.

It must be proven it was for misconduct related to the work.

The party that moves first to end the employment is assigned the burden to prove good cause .. always.

But here's the thing ..

Employers have an arsenal of best practices to win the blame game. Many of these practices that can be used to protect the employer from any liability you may present, including a claim for unemployment benefits can also be contingent upon your ignorance.

What do employers do that employees don't? They document, document, document until the cows come home and per their own policies.

Employers really have no special advantage over employees at unemployment appeal hearings except that they know the score and have options available for assistance with their unemployment insurance .. and a ton more experience at hearings than one lonely employee.

When You Know You're In The Right, Start Thinking Offensively

Positioning yourself using the merits provided in unemployment laws and even other laws covering the employment world is really just the smart responsible thing to do although some employers think me telling you this is blasphemous in some way.

Could it be they don't want you to know what you're doing?

I certainly don't promote the concept of committing fraud to get unemployment when fired .. or if you choose to quit.

However, reality stories about what happened at unemployment hearings from claimants are just as compelling that people do lie, as stories I used to hear from employers about a certain type of employee.

Some people have made a habit of telling outright untruths to get what they want, need, or to just cover their own butts.

However, I'm trying to promote understanding of the legal concepts behind unemployment that explain when someone should be allowed unemployment benefits, or denied.

I'm just doing this on a very personal level.

Although I will never approve, I can almost grasp why an individual that just lost their job .. might lie.

But an employer that chooses to lie or allows one of their agents (managers and supervisors) to lie just to keep a person from receiving benefits is doing something with far reaching and devastating consequences into that person's life.

Shame on all employers willing to lie to get their way as they made my job miserable.

But I also praise all good, morally ethical, employers as they made my job tolerable.

The bad apples can exist on either side of an unemployment appeal. That's my truth.

In my estimation, the only choice ever, to get benefits is to focus on the proving or rebutting per the law and to argue it with the truth.

Your truth is what matters. The focus you must keep is very specific and legally relevant to how you lost your job.

If an employer chooses to sustain their burden with a lie at an unemployment appeal hearing. Your responsibility is to argue to the the weakness of it based on law. Do not get caught up in your emotions.

Think Sgt. Friday .. just the facts please.

When your employer tells the truth, your responsibility is to argue to the weakness in that truth.

That would be .. why the reason they fired you does not rise to any part of the definition of willful misconduct.

Was getting fired really your fault as defined or did your employer's simply make a bad choice or maybe even a pragmatic choice to end your employment that cannot meet the legal definition of misconduct.

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