One of the most frequent questions we receive after someone has been fired from a job is: “Will I get unemployment?” In the overwhelming majority of cases, the answer is “Yes.” Essentially, you always get unemployment, unless you meet one of the exceptions. The two main exceptions are: Misconduct and Quitting.

Misconduct

Many employees seem to believe that if they were fired for what their employer calls “misconduct,” then they do not get unemployment. However, most of the reasons that employees are fired do not rise to the level of “misconduct” under the unemployment laws.

For example, if you are performing to the best of your ability, but your employer does not believe it is good enough and fires you, that does not prevent you from collecting unemployment. Or, if you are fired for going into work late because you overslept, then that probably is not “misconduct,” unless you have received warnings for this in the past and ignored them.

“Misconduct,” as the term is defined for unemployment law purposes essentially means that you took actions that were directly against your employer’s interest either with great negligence or on purpose. Conduct such as lying, stealing or destroying property are some common examples of misconduct.

Quitting

When an employee voluntarily quits their job, it is very difficult for them to immediately start collecting unemployment. However, just because an employee quits does not always mean that they are not eligible if they quit “with cause”.

For example, if an employee quits because they are being sexually-harassed by their boss, that is probably a good enough reason to still get unemployment. Another common reason employees quit which can be considered to be “with cause” is when their employer is not paying them their wages even after repeatedly demanding payment.

There are many other exceptions to the general rule that employees get unemployment when their employment ends, but you should not assume that you are not eligible without first either speaking with an attorney or simply applying for benefits with the state. The worst that can happen is that the state denies your request.

If you believe you deserve unemployment compensation, we invite you to contact us today for a free consultation to discuss this and any other employment law questions you might have.