Getting Fired And Unemployment Benefits

There's always going to be someone getting fired and for reasons that can't or .. shouldn't, stand up to the standard required to deny benefits.

Getting unemployment benefits after being fired means the loss of your job wasn't your fault.

But, how do you explain being fired so it becomes clear it wasn't your fault?

Well, first thing you need to know about is what that standard is all about because that's what your former employer will have to prove you're guilty of when they fire you for something other than ..

Willful Misconduct related to the work. Whether your state defines misconduct statutorily or not, there is one precedent unemployment decision that offered a definition of willful misconduct.

It's a widely recognized definition in the unemployment insurance world and used by many states in it's entirety or it is, at the very least, drawn upon when a state has chosen to develop their own specific definition.

Why I Rarely Write About Being Laid Off

It's the only indefensible position with regard to fault that lets you get unemployment benefits with no muss or fuss.

Most questions anyone would have about being laid off from work would be monetary unemployment questions.

Yet, I talk to folks frequently that tell me they file for unemployment telling the department the reason for separation from their job was due to being laid off .. only to run into a misrepresentation issue when the employer responds to the notice of claim filed as a discharge. The word is nothing less than a synonym for getting fired .. and that means your former employer is disputing your right to collect unemployment benefits and will propose and promote the cause for termination being for willful misconduct connected to the work.

Watch Your Language

Yet you are still being denied benefits after being fired.

You're either guilty .. or you might just be naive and unschooled in how UI works .. because you've been too busy working all your life. When I talk to you, I hear about the conversations with a claims representative. I call this employee of the unemployment claims department, an adjudicator. Their job is to investigate and make the initial determination of benefits .. and that's supposed to be .. per the law.

Yet they don't get it right all the time .. This is the time you have to make a decision about whether you will appeal their determination.

So, here's my question to you, the person that got fired from their job ..

Why would you say anything that could be construed as admitting fault for the job loss when speaking to the person investigating?

Yes, you must be truthful, but be aware that what comes out of your mouth is being perceived by someone not privy the workings of your own emotions and any twisted feelings of guilt you may have.

If you were at fault for getting fired .. Why would you try to get unemployment????

So, let's say you simply feel bad when speaking with this adjudicator. Maybe your employer didn't value you enough. Maybe, you're second guessing what you could of done differently to keep your job. Put this stuff on hold and resolve later.

Right now, you're trying to get benefits so you'd be wise to start focusing on the rules that matter.

That would be the rules that control Unemployment Insurance.

Being fired and then getting unemployment benefits is sometimes, just a consolation prize in hindsight.

The ability to prove how the employer was actually at fault or at the very least unreasonable for firing you is what you need to focus on showing to the unemployment department.

So, my advice is to get to work on your well formed appeal argument right after you apply for benefits.

More Unemployment Benefit Articles And Questions About Being Fired

Why? Because the majority of unemployment appeals are filed by your employers.

All Categories of FAQ's About Unemployment I used to answer anyone's question, but I eventually became overwhelmed with the amount. But you can always email me if your question doesn't need to be answered today.

Unemployment Appeal Representatives. Oh for so many reasons, I hope you consider hiring someone experienced at winning UI appeals.

I've partnered with some independent hearing reps I know do unemployment for a living and are also willing to represent the unemployed for an affordable fee.

If I thought I should have a rep because I was to emotional to represent myself .. you probably should consider this as an option too.

If you get how unemployment works and have nerves of steel and decide to handle thing yourself .. share how your hearing went.
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