Being fired and Unemployment Benefits go hand in hand more often than collecting unemployment when you quit.
Many American workers cling to some long established myths about when unemployment benefits are possible and when they are not.
Number one is that you can get benefits when getting fired, but not when you quit a job.
I can only hope this is the reason for a lot of simple yet misguided questions about getting unemployment benefits when being fired very similar to ..
How to get fired and get unemployment?
The concept of moving parties and the assignment of a legal burden to prove good cause to move is fundamental to how unemployment insurance and the benefits it might provide, works.
The correct questions to ask about getting unemployment benefits when being fired are ..
- What is work related misconduct?
- Is it better to be fired or quit when my employer forces me to choose?
- What proof will my boss use to fulfill a legal burden to prove I was fired for misconduct connected with the work?
- How will I rebut my employers burden (or argument) that I am not guilty of work related misconduct, should an unemployment appeal hearing be scheduled?
Can My Employer Fire Me For Any Reason?
We employee types here in the United States must realize that our country recognizes a certain doctrine when it comes to labor, regardless of what you labor at.
If you are not a union member or the type of employee that has the ability to negotiate an individualized “employment contract” you work in the type of employment most Americans work in .. it’s called at will employment and what you can expect from an employer is limited because this doctrine is considered when they create labor laws.
Any law that tends to fly in the face of this doctrine .. is thought to be a “public policy exception” because of the doctrine.
Determining whether you will be able to collect a basic public policy exception of unemployment benefits .. or a protection against at will employment, is often nothing, but a long series of questions and answers designed to determine who moved first and whether the moving party had “good cause” to move.
To collect unemployment you must have lost your job through no fault of your own.
Getting fired alone does not mean the loss of your job was your fault. It just means the employer ended the employment relationship .. even being laid off is an employer initiated termination, it’s just that there is no tenable defense that it was your fault merely because a layoff means a “lack of work”.
Getting unemployment when fired means you had the best legal argument the showed you were not fired for misconduct related to the work.
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