Unemployment benefits are insurance programs that are facilitated by the government if a person loses his/her job without any fault of their own. There are Certain eligibility criteria that should be fulfilled by the person in pursuance to avail of these benefits. The terms unemployment benefit and unemployment insurance are commonly used and both carry the same meaning and are therefore used interchangeably.
Can You Collect Unemployment If You Get Fired?
There can be several good reasons which lead to unemployment, the question of whether unemployment insurance benefits can be availed in case a person is fired from the job/employment has a mixed view which leads to the answer as both a yes and a no. There are various unemployment benefit programs that differ from state to state but every program is covered under the Federal Unemployment Tax Act.
Further, if a person is fired due to misconduct including, theft, physical violence, mismanaging the official records, violating the policy of the company/organization and any other action such as failing the alcohol or drug test being conducted at the workplace, in that case, there can be no Availment of unemployment benefit under the programs. It is very crucial to understand the eligibility requirements.
There are some points to be considered when a person is fired which are:
- Whether the person is fired for a serious fault involving the person being the cause of that mistake, the unemployment benefit may be denied. Or;
- Whether the person is laid off/ fired for a general reason which includes –
- The business downfall of the organization
- Being fired for the reasons of being a latecomer, or any such small reasons which mean the person is not having the skills to do the job which does not make any grave disorder.
- As per the above-mentioned circumstances the unemployment benefit in case of being fired can also be availed if:
- The cause of fire from the job is unreasonable, which can be explained while applying for the benefits.
- If a person has been fired due to the discrimination been done by the employer and portrayed to be at fault.
- A person is fired for the reason of being to be a whistleblower.
Can Fired Employees Collect Unemployment?
In all of the above-mentioned scenarios and circumstances, there is always an option to file a suit, followed by a hearing, and once the claim mentioned by the aggrieved person is proved the unemployment benefits can thereafter be allowed and availed.
A quick check under the States unemployment Offices can assist the person to know and make sure to meet the requirements for the duration of the employment and unemployment compensation and other options.
Unemployment benefit, thus, is at large a wide subject when it comes to being jobless and every aspect related to it plays a vital role in deciding whether a person is entitled for the benefit as prescribed by the respective states. If a person has been fired in that case, it is suggested to be first, be certain about the cause of being fired. As, if the same is unreasonable and unjustified on the part of the employer, the employee has full rights to claim the benefits by applying for the same.
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Frequently Asked Questions
It is a difficult moment and therefore should be dealt with. Although the reason to get fired should be explained, as if it is unjustified you can file a suit or else provide all the evidence proving your innocence during the application for unemployment benefit. Therefore, the situation should be aptly considered without any misbehavior as that could lead to a bad impression.
No, it is suggested to not hide and conceal this fact which deals with the unemployment status. As, while doing so, during the process of the investigation if it appears that concealment of this very crucial fact of being fired is done by you, could result in non- granting of the unemployment benefits even if there are chances for it to be granted.
It is better to quit the job if you face mistreatment, discrimination at your work, low wages, or inappropriate hours of work can be dealt with easily by quitting the job or else if you have a new job lined up or any personal reasons. To get fired by the employer on the other hand is always a bad impression when applying for a job again and a troublesome process in case of applying for unemployment benefits.