If you are asking, Can I collect unemployment insurance benefits if I quit, or get fired, Unemployment-Tips.com (aka me, Chris) thought it would be good to inject a bit of realism into the discussion by including in the conversation, what it means to meet, or rebut the burden of proof, central to winning an unemployment appeal hearing.
And because I knew how fortunate I was as a non-attorney employee, to learn how the unemployment process worked .. before I lost my job as a hearing coordinator through no fault of my own.
To be clear, my job was helping employers to deny your unemployment, or at unemployment hearings. But when I was laid off due to a lack of work I remembered I always wished I might have the chance to explain to some employee/claimants, that what I learned doing that job, could just as well be used to their own advantage during the quasi-legal unemployment insurance .. benefits game.
To collect unemployment, it's best if you take a hard and objective look at the laws, rules, or regulations that control what your state unemployment administrative law agency can, or should do while remaining neutral, or without without bias, to assign the burden of fault, for the cause and reason an at-will employment relationship was ended.
If you voluntarily resign from a job with the potential of good cause to quit, or if you think you were fired for a reason that falls into the category of being discharged for something other than misconduct connected to the work, you will be that much further ahead, if you also know how fault can be argued.
Of course the devil, is often found in details of incidents that took place while you still had the job, because that is the central focus for an unemployment department .. what happened to cause the end of a job .. up to and including questions and answers about the final incident that forced you to quit your job with, or without good cause, or why your employer chose to be the moving party to fire you from your job for misconduct, or something not misconduct..
Whether your unemployment claim is initially determined to be eligible to collect unemployment benefits, or not, the initial gatekeeper (claim adjudicator) non-monetary separation determination, is only based upon the available information they had to go on during the claim adjudication phase.
An initial non-monetary, or separation determination, is easily appealed for a full fact finder, tribunal (lower level) appeal hearing.
Here's a sample of how to write an unemployment appeal letter, that manages to bump an initial denial of benefits, up to an unemployment hearing. Simply put, it's a sample that doesn't lock those without a clue as to how unemployment can work for them, into an untenable position, even before attempting to argue the relevant facts .. before the hearing.
Relevant facts mean you need to relate your argument, to the burden of proof, because the burden to prove is assigned to the moving party, or in other words, the party that acted to end the employment relationship.
Believe me, I know the unemployment process can be overwhelming to those who've never experienced it before, but I firmly believe it is being overwhelmed, that can be the cause of why a claimant loses a quite winnable hearing.
I hope you choose to argue relevantly, so you don't miss an obvious argument. Here's a few thousand Q&As about collecting unemployment benefits to get you started.
But if you prefer to be professionally represented at an unemployment hearing, feel free to skip to the business end of Unemployment Tips and ask if I can refer you to a professional unemployment appeal representative for a lower level tribunal hearing .. at least in these 28 states.
Or, if you really want to learn more about how and when someone can receive and keep unemployment benefits, here's some links to unemployment laws, or even some better resources that may help you to interpret what the laws mean .. in the real world for those who work for their living .. at will.
Dec 04, 18 10:12 AM
Hello Chris, I was employed with this company for five years.duties over the years drastically changed,my daily task were not only to process 300 emails
Nov 29, 18 06:17 PM
I quit my job at a Credit Union because I had to file for bankruptcy in California. My employer was carrying $50,000.00 of the debt that was eventually
Nov 26, 18 10:24 AM
I recently received a request for relief of charges in my correspondence. I have been approved for benefits and have been receiving them for 5 weeks now.
Nov 25, 18 11:29 PM
Hi. I was fired from my serving job in Chicago. My mgr said my table came in 2 days later saying I used profanity. I did not. I was approved benefits,
Nov 23, 18 08:59 PM
I recently retired from us postal service, September 28 , I have not yet begin to receive my pension , OPM explained to me that it would begin in January
Nov 12, 18 10:53 AM
I have a fact finding hearing coming up. I was fired by my employer, and there is a chance I will be denied benefits. Even if I am denied after the hearing,
In case you didn't read about me, I worked at a company where I knew the basic problem for many unemployed people, was the expertise they faced at unemployment appeals hearings, working on behalf of their employers. I coordinated hearings, but I always contracted a professional hearing rep, because who better to have working for you at a hearing than someone who knows when and which right to due process or procedural rope to grab onto .. before, or during a lower level unemployment hearing .. to potentially allow for merits to base a written argument on when appealing a tribunal hearing decision to the higher authority of an Unemployment Insurance Board of Review.
I myself do not claim to possess more than a working knowledge of how unemployment works as a hearing coordinator who protected rights to due process before a hearing. However, hen I finally quit my job in 2009 and wound up at a tribunal hearing (employer appellant) and they decided to appeal the hearing decision to the Board of Review .. based on no merits, I decided why not try to do something for claimants similar, if not quite the same as I once did, for each and every hearing I coordinated for employers.
Well, I knew I couldn't go out an contract a professional unemployment hearing rep for you in all fifty states like I once did, but I did manage to find professional, qualified, and most importantly, experienced UI hearing reps to refer your case to in 28 states.
I'm troubled by what employees tell me they chose to ignore, for the sake of protecting their job from a questionable reason to be terminated. And all because an employer needs to the burden of proving work misconduct as cause,. when you're fired while you just need to think about how/if/ you can rebut (undermine) their ability to meet the standard of law of that burden.
I'm not suggesting I want to discourage an employee from quitting for good cause, but if you must quit your job .. know it's you who will need to meet the burden to prove the fault for you leaving your job .. was attributable to your employer.
You should try using the search bar, if your question relates to who has the burden in a voluntary quit, in lieu of being discharged case.
Ask questions abour your ability to collect unemployment insurance benefits, and it's me who ends up asking questions, just to explain what I may think about your chances of collecting, or keeping unemployment benefits.
Unfortunately, sometimes the answer is due to those variances found in unemployment laws and/or regulations state to state.
I'd show you a sample unemployment law comparison now, but all you need to do is click that link to find them all .. for you to review objectively .. depending on the state controlling your unemployment claim.
If you have been denied unemployment benefits with the initial non-monetary claim determination, (findings usually state, "based upon the available information"), you can appeal this determination easily, whether you know if you can win, or not, by simply avoiding any argument that is made untenable by a state's unemployment law.
Many states acknowledge receipt of an appeal letter by sending the letter attached to the acknowledgement to both you and the employer. Then they docket a lower level, aka tribunal unemployment hearing and a notice of hearing is sent to all "interested parties" to the appeal.
I suggest a simple stupid unemployment appeal letter format to appeal a denial of unemployment benefits, because it's not wise to start arguing fact .. before a hearing .. which is meant to do just that .. argue to prove, or rebut what is, or isn't a fact .. relevant to cause for the separation.
Or, you can also read the Unemployment Appeal Q&As to find more on the subject.
If you voluntarily quit your job, know it's your right to do so, because you're an at-will employee.
But when you apply for unemployment benefits, good cause to quit your job isn't easily proven by just saying so. but by supporting what you say with documentation to prove what you did as an employee, to first preserve your job and later, prove the good cause was fault .. reasonably attributable to being that of the employer..
To be honest, getting to the point of having evidence, sufficient to support your story of good cause to quit .. can be a challenge for employees. Frequently, they are simply uncomfortable dealing with authorities at work, if good cause begins by confronting an employer in a professional manner .. to begin the process of documenting actions, or non-actions .. to establish facts .. that can go to good cause.
Here's some Q&As About Good Cause to Quit a Job, including why it's important to find your nerve to at least attempt to correct some situation at work.
Ever wonder why your boss may of tried to get you to quit, before firing you? Let just call it what it is .. a strategy, whether by design or not, that helps employers avoid the burden of proving what made you guilty of work related misconduct.
I see know reason why a person needs help appealing a monetary determination, but since many asked questions about the amount of their weekly unemployment benefits, base periods, partial benefit amounts, or payments such as severance, or pensions that may reduce that amount here are the Q&As about monetary entitlement to benefits.
But every monetary claim determination (the first one you receive), tells you what you're entitled to receive .. if you are found otherwise eligible to collect, based on the facts concerning the cause for your separation .. and to appeal this initial claim determination, here's a template to keep your appeal letter .. simple stupid, given I don't know, why you're appealing.
I'm sorry, I hindsight has taught me, I answered questions I shouldn't have answered .. because they became part of the Collect Unemployment Blog.
Yet to be honest about unemployment issues, there's more to be concerned about than just quitting with, or being fired without good cause to include know what's suitable work, how school affects benefits, special VQ rules to affect temp employees and why an overpayment .. means repaying benefits.
It's safe to say .. there's a lot of Q&As that touched on one, or more conditional eligibility issue, claimants need to be aware of while they continue to collect benefits, or to protect their right to collect again, they should they accept a new suitable before exhausting benefits, at anytime between the BYB (benefit year begins) and BYE (benefit year ends) dates.
All the Q&As .. or at least most of them.
When applying for unemployment benefits, it can be easy to miss some of the questions may relate to whether you exercised an employee right .. you may of mentioned in explaining the final incident, or the cause of why you voluntarily quit, due to the fault of the employer.
Unemployment Insurance Benefits are really an afterthought of an exception, to the idea adhered to in the U.S., which this employment attorney began to explain about the impact the doctrine of employment at will has on us all.
If you grasp that Unemployment Insurance was added to the mix in 1936 after the Great Depression, and the employee rights we've come to take for granted to day have literally become a counterweight against unemployment benefits and that extra weight for your arguments for benefits, lurk beneath the surface of a workplace culture, you can expose as fact better, while you're still an employee.
In any case, I know of at least one UI precedent decision that agreed there was no good cause to quit .. because the employee failed to exercise a right in the workplace first .. to show they tried to preserve their employment first.