Getting Unemployment Benefits
After Getting Fired

Okay, lets face a fact about getting fired, so you and even I, can get over the hurdle of you being irate and outraged right now because you say you were fired for no good reason whatsoever.

It's an important step so you can move on and objectively evaluate the real question you need to ask yourself about getting unemployment benefits after being fired.  And the question isn't

Can I collect unemployment if I was fired?

Questioning the how, or if an employer is able to prove their burden you gave them cause to fire you because of work related misconduct?

That's what leads you to asking better questions you will need to find some answers for.

Getting Fired:  Was it Misconduct Or Something Other?

First, the possibility of getting fired exist for anyone who works as an at-will employee, whether a good employee, or according to those who write for the benefit of businesses, an employee worthy of a catchy generalized insult like turkey, BMW (bitcher,moaner,whiner) legacy (an older person), or just generally .. a passive/aggressive slacker employee who under performs.

There's really no end to the list of descriptives for the employee who has for some reason become a PITA (pain in the ass) employee to a business .. or just one boss in particular who doesn't like you for personal reasons.

The staid and expected course for an employer when deciding to discharge an employee is often to make efforts to get you to quit because that can shift unemployment's burden of proof to you. 

 This is an especially effective strategy when an employer has doubts about their ability to prove your guilt of work misconduct for purposes of denying unemployment benefits to name just one liability.. 

But this doesn't mean an employer doesn't realize the same documenting procedure that works for employees clearly guilty of violating rules in an employee handbook, can't also be used to prove a questionable case of work misconduct to create the appearance you were of guilty of work related misconduct when they finally fire you.

As an observant employee you can learn a lot from understanding this process of documenting.  It's better than just sitting there thinking you cannot counter document reasonable objections yourself to being reprimanded via verbal and written progressive discipline policy.

But of course being knowledgeable about what you can do to offset an employer's right to direct and control over you at work, can also result in other derogatory descriptive labels being attached to the type of employee you are .. by someone's opinion anyway.

Do you think you're guilty of this?

Do you know about unemployment appeals?

Do you know about unemployment's burden?

Suffice it to say, I know for a fact it's not only  questions I've answered about getting fired that have been based upon insufficient available information, but it is insufficient info that is often the same reason official erroneous initial determination of benefit eligibility (the non-monetary determination), are also made .. whether allowing, or denying benefits.

Basing an employees guilt on available information is also, not a full exploration of additional facts that may be relevant for an unemployment law to allow, or deny unemployment benefits when the totality of circumstances finally comes to light through testimony, evidence, and effective cross examination.

However when you disagree with an initial determination, the next option is to appeal for a first level tribunal hearing .. also called a full fact finder to set the facts and the record straight.

But for employees go have been discharged from their job .. they often had a hard time, or never attempt to reconcile with a fact that their feelings as the one who got fired have very little to do with how you rebut an employer's burden and the strategies used at a hearing that can sustain misconduct existed  .. sometimes even if the circumstances have an iffiness to them to  be good cause to end the employment relationship.

Well, some of you won't know what I mean when I say you need to have your rebuttal argument ready to go .. until you get to that first appeal hearing.

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