Can a person collect unemployment if they are fired

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Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States
Serious misconduct and ineligibility
Practice Areas
Types of misconduct leading to ineligibility
Were you laid off or fired?
Layoff examples
Fired for misconduct examples
Gross misconduct examples
Misconduct and gross misconduct penalties
What disqualifies you from unemployment in Massachusetts?
What disqualifies you from unemployment benefits in California?
Can I get unemployment if I was fired for performance in Georgia?

Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

If you have lost your job, you may be considering filing for unemployment benefits in order to make it while you search for a new position. If certain circumstances apply to your job loss, however, you may be ineligible for unemployment benefits. In order to collect benefits, you must have lost your job through no fault of your own. An example of faultless job loss that would result in benefits eligibility might include being laid off from your job because of financial reasons. If you were fired, you may be ineligible for unemployment benefits in some cases. It will depend on the reason why your employer fired you. Our attorneys at Swartz Swidler LLC may review the denial in order to determine whether you have grounds to fight the denial.

Serious misconduct and ineligibility

In New Jersey and Pennsylvania, each state’s laws determine whether or not you may be eligible for unemployment if you have been fired. In general, if you were fired for serious misconduct, you will likely be deemed to be ineligible, either completely or for a period of time known as a disqualification period.

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Your alleged misconduct would need to be pretty severe in order to make you ineligible for unemployment. If you were fired for not having the needed skills, failing to perform adequately or because you were a poor fit, our attorneys at Swartz Swidler will likely be able to help you to collect unemployment benefits. If you recklessly or intentionally acted in a way that was adverse to the interests of your employer, you will likely not be able to collect unemployment at least for the disqualification period.

Types of misconduct leading to ineligibility

The following are some types of misconduct that may make you ineligible to receive unemployment benefits:

Failing or refusing to take an alcohol or drug test
Stealing from coworkers or from your employer
Committing a crime related to the job, such as driving under the influence while working, destroying company property or assaulting people at work
Intentionally violating safety rules may lead to disqualification, but careless mistakes may still lead to eligibility

Although you may be disqualified from receiving unemployment benefits because of the reason that you were fired, it may not be permanent. In New Jersey, for example, misconduct is divided into simple misconduct, severe misconduct and gross misconduct. People who are fired because of simple misconduct will face disqualification periods lasting for seven weeks. Those who were fired for severe or gross misconduct will not be eligible until they obtain new employment, keep their jobs for certain specified lengths of time and meet specific earnings requirements.

If you have received a denial from the state’s unemployment insurance agency, you might want to talk to an attorney with Swartz Swidler. We may assess your situation and reason for your job loss in order to determine whether or not you are likely to win your case at a hearing about the denial.

Were you laid off or fired?

There is a difference between being laid off and fired. Generally, we will treat you as:

Laid off if your employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
Fired if your employment was ended because of performance, behavior or other “just cause” reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. Youmay not qualify if you were fired for misconduct or gross misconduct.

Layoff examples

Your employer has no work available
Your assignment ended
Your employer went out of business
Your position was eliminated
You're required to participate in temporary classroom apprenticeship training
You're a seasonal employee and the season ended
Your employer temporarily shut down for reasons such as weather, materials delay, natural disaster or temporary maintenance closure
Your employer gave your separation reason as standby
Your employer said that you were on furlough

Fired for misconduct examples

Deliberate or wanton disregard for your employer or a fellow employee, such as:

Insubordination
Repeated inexcusable tardiness after warnings
Dishonesty related to your employment
Repeated and inexcusable absences
Violating the law or deliberate acts that provoke violence or illegal actions, or violating a collective bargaining agreement
Violating a company rule

Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.
Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer.

Gross misconduct examples

A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing. Examples include:

Embezzlement or theft of property.
Purposeful destruction of the employer’s property.

Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include:

Installing a secret camera in fitting rooms.
Stealing a patient’s identification.

Misconduct and gross misconduct penalties

If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny your benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance. If we deny your benefits based on gross misconduct, we will also remove wages and hours from your unemployment insurance records. Once the wages and hours are removed, they are no longer available for your use and may cause you to be ineligible for future unemployment benefits.

What disqualifies you from unemployment in Massachusetts?

You may not be eligible for Unemployment Insurance (UI) benefits if your only source of employment is from working as: An employee of a non-profit or religious organization. A worker trainee in a program run by a nonprofit or public institution. A real estate broker or insurance agent who work only on commission.

What disqualifies you from unemployment benefits in California?

“An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work.

Can I get unemployment if I was fired for performance in Georgia?

If you were fired from your job, you will not be able to draw benefits if your former employer can show that you were fired for failure to follow rules, orders, or instructions, or for misconduct on the job. The only way to know for sure whether you are eligible if you are fired is to file a claim.