And then you find out, employers frequently fight anyone's ability to collect unemployment benefits. It's a good question to get answers to because unemployment insurance works on an individual's ability to prove, or rebut effectively to fight against a denial of unemployment benefits.
When I was laid off in 2006, I knew what "through no fault of my own" meant and that fault, can be interpreted to mean different things, via state unemployment laws and individual state regulations. Lucky me, because up to the moment I was laid off for a lack of work, I'd been evaluating .. coordinating unemployment appeal hearings for employers, some just expecting I could somehow wrangle denied unemployment benefits .. with a tribunal unemployment appeal hearing.
I decided to share from that job experience, because my employer even tried to stop me from collecting .. after I was laid off for a lack of work, vs the other two ways to end a job, by voluntary quitting, or being fired for work misconduct .. with, or without the ability to prove good cause.
Your ability to prove, or rebut you deserve to collect unemployment benefits initially, or later when you need to win an unemployment appeal hearing, begins by taking a look back to the events leading up to why a person quit their job, or why an employer decided to terminate for misconduct and then claim that's why you were at fault, for the business ending an at-will employment relationship.
Just doing my job to the best of my ability, told me employees, who arguably, can prove, or rebut a BURDEN of PROOF, often focus on proving or rebutting fault from the wrong direction.
Please note, I'm a non-attorney, and here's the legal disclaimer for this website, which has managed to keep me busy .. while I continue to practice how to build one of those.
I'm not the one who wants, or enjoys telling anyone, you may not want to apply for unemployment.
But I have explained enough to my way of thinking .. collecting unemployment benefits, or not .. is about meeting, or rebutting a burden of proof. Whether you can do this during the initial claim determination phase, or not, you should know the standard of law to meet, or rebut the burden, goes up a notch, at an unemployment appeal hearing.
My tip to anyone applying for unemployment benefits is first .. to tell the truth, but to focus on making the truth into, a valid story based on some relevant quasi-legal argument that gives you a real ability to prove fault for quitting was attributable to the work, or employer. Or to make your rebuttal effective to the employer's burden, which is to prove you were guilty of work misconduct... when they fired you.
It's the moving party, or the one to effectively end an employment relationship) that is assigned the burden to prove fault .. so .. it's a good place for you to begin to see your ability to fight with relevance .. instead of emotions.
Mar 05, 18 02:58 PM
I live in Youngstown, Ohio. In 2008, I worked for a company through November and was laid off when the local office was closed. I received unemployment
Feb 20, 18 11:57 AM
I have been trying to apply for un-employment insurance for 2 weeks now. Spending many hours on the phone only to hear all lines are busy and then I am
There's thousands of Q&As about unemployment insurance benefits, in addition to the two common non-monetary separation issues of voluntary quitting and discharges for misconduct.
If you need to win an unemployment hearing, either to get, or keep your benefits, why n ot learn how your state should be administering it's own unemployment laws, other than merely telling you it does so, objectively, fairly, impartially, but also according to regulations that lead to something called decision digests.
Chris - Unemployment-Tips.com
Being fired and then having to fight to get unemployment benefits, can happen to any employee, even you, if you're really not guilty of misconduct.
Yet being denied unemployment with the initial non-monetary claim determination is often enough of a deterrent to stop people in their tracks, even if I think an appeal to get a lower level tribunal is called for. Lower level unemployment hearings are called FULL fact finder hearings, because the purpose is to fully explore if there really was Willful Work Misconduct .. beyond only the "available information" used to initially determine your benefits.
Once you read a definition for work misconduct, you're likely ready for some Q&As About Being Fired for Misconduct .. or not.
Yes people quit their job for reasons I know have the potential for good cause, but they are denied unemployment benefits .. because they didn't pay attention to the burden of proving fault while still an employee, to the degree that fault is found attributable to the employer.
Don't allow yourself to be misled by the employer who thinks it's best for you to voluntarily quit before you think you can meet the burden of proof, or you may hear a sigh of relief if they know you have nothing to prove why you voluntary quit with good cause.
All I can tell you now is document, document, document your actions to preserve the employment relationship in the face of a problem with an employer, or the work itself and counter document in case you must prove the employer's reaction to your efforts to resolve the problem were unreasonable .. or possibly, non-compliant with employee right laws intended to protect at-will employees.
How about a tone of Q&As About Quitting a Job With, or Without Good Cause
A lower level unemployment appeal hearing, doesn't sound as if it's the last opportunity to deny, or collect unemployment benefits .. but if you know the unemployment process .. because it's burnt into your brain from repeating it thousands of time, the first hearing is generally speaking, your last chance to get, or keep benefits .. because the second level, or higher appeal authority of an unemployment insurance board of review appeal, will by no means, ever be called the second chance appeal .. by me.
Wondering how to write an appeal letter to an initial claim level denial of benefits to get a tribunal (lower appeal hearing)?
It easy, compared to writing a written argument, i.e. legal brief for an Unemployment Insurance Board of Review to review the record of the first hearing.
And yup, I've got Q&As about Unemployment Appeal Letters and Hearings too.
Conditional Unemployment Eligibility .. What's that?
Unemployment Insurance laws explain how you must maintain conditional eligibility to collect unemployment. Regardless of fault surrounding a separation issue I often detected a conditional eligibility issue when someone asked about quitting, or being terminated, because no matter the type of issue on appeal, conditional eligibility problems can create an overpayment of benefits .. for even those who did lose their job through no fault of their own.
So .. what is suitable work (SW) for you? Do you know when you can .. and may need to refuse an offer of work an employer thinks is suitable to you? Well, a decision is made easier if you understand what criteria makes jobs that may be almost suitable .. still unsuitable enough for you to refuse .. in the eyes of the unemployment department.
And then there's the conditional issue of not being able and available to work (A&A). It's just one more condition an unemployed person must certify, under penalty of perjury, they are meeting each week, to collect. A&A can be a problem for those separated due to health problems even if found not at fault for the cause of separation .. at least until they are able to provide medical documentation that releases them to go back to work, even if the work must meet with medical restrictions.
Being able and available to work can also become an issue for those going to school, or training while collecting benefits.
You may find the Q&As About Collecting and Going to School useful.
I've saved the first step in the unemployment process for last .. because monetarily qualifying for unemployment benefits is based on math formulas, which isn't something I worked on .. but nonetheless, I was able to figure it out for myself .. and some others when they asked questions about monetary issues.