Getting Fired

The only relevant  answer to question about getting fired and collecting unemployment benefits focus on whether the employer is able to prove their burden the cause was work related misconduct.

 I know, it's  devastating financially, emotionally, and it can be demoralizing  to the point of undermining your whole demeanor when our there job prospecting again .. but those are personal issues .. not unemployment law issues.

Proving Work Related Misconduct Is..
The Burden of Your Employer

Fulfilling a burden of proof that supports why you had good cause to be the moving party is always the problem for employees that quit and employers that discharge.

That quit in lieu of termination may be out of the goodness of your employer's heart for your resume,  but it also might be a play to avoid the burden to prove misconduct if you happen to write a resignation letter in hopes you might be eligible for rehire. 

Absorb the general definition of misconduct connected to the work,  that explains the employers burden in a discharge and you should begin to see there's loopholes for valid rebuttal arguments at unemployment appeals.

Being fired for misconduct and then being  allowed to collect unemployment benefits, doesn't mean you're home free or, forever able to keep the  benefits you might be receiving right now. 

There's lot of procedural claim reasons for erroneous initial claim determinations going either against or in favor of an employee.

A claims interviewer works to meet deadlines for making their initial  determination or finding of facts.   When they don't get all the available information needed by the deadline .. it can be  wrong merely because they don't have all the details needed to make a correct finding of facts that will stick all the way through the appeal process.

This, can actually be  the fault of an employer slow to respond or failing to  offer the written documentation proving the burden at the onset of the unemployment claims process.

Or it may be that they don't have any proof of misconduct and are hoping you'll be like the many wrongly denied that give up and ignore the appeal process as a resolution process.

Why they still appeal despite lacking evidence of misconduct, should be considered.  Employers in fact pay the tax that pays for benefits.

Employers .. and/or their third party UI claims administrator know that in most states .. all they have to do to lower any associated tax hike due to paying a claim ..  is appeal and present the evidence and supportive testimony at an appeal hearing to stop the benefits and then just make sure the UI dept. doesn't include your claim on a charge statement.

But what if you really aren't guilty of work related misconduct?

Do you have a rebuttal argument in mind .. that is focused to the law .. and not how you feel at this moment?

Remember, the employer's burden is to plug all those loopholes you can choose to go through when the fact are on your side.

Definition for work misconduct

Reasons You Can Be Denied Unemployment

Q&As For Common Unemployment Issues

Unemployment Appeal Representation