Can you get unemployment if your fired?

Twista

Diamond Member
Jun 19, 2003
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Imt hearing different stories about this. :hmm:

Someone recently got fired from my job and hes receiving unemployment.

Im guessing if you QUIT then you dont qualify.

If your fired you qualify.
 

IronWing

No Lifer
Jul 20, 2001
71,882
31,959
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Generally you can collect if fired. However, if you are fired "for cause" your former employer can contest the case. The former employer will have difficulty prevailing.
 

Kalmah

Diamond Member
Oct 2, 2003
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I think it has to do with the circumstances.. I believe the unemployment office contacts the employer or something. I could be wrong though.
 

Crono

Lifer
Aug 8, 2001
23,720
1,502
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Look up unemployment insurance laws for your state.
For Federal, it's only if it's "no fault of your own".
 

nageov3t

Lifer
Feb 18, 2004
42,808
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91
if you quit, generally you cannot collect.
if you get fired, typically you can collect unless your previous employer contests it.
 

Cdubneeddeal

Diamond Member
Oct 22, 2003
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In most circumstances you can get unemployment if you're terminated involuntarily. However, if you were terminated for such things as violence, theft, etc you're screwed.
 

sdifox

No Lifer
Sep 30, 2005
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There is a difference between laid off and fired. The person you are talking about was laid off.
 

Twista

Diamond Member
Jun 19, 2003
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There is a difference between laid off and fired. The person you are talking about was laid off.

The person im talking about was fired for being late to many times or calling off to many times in a year.
 

Farang

Lifer
Jul 7, 2003
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It depends on your state. Check your laws regarding unemployment benefits. In Washington state, generally you will not get benefits unless you were terminated for lack of work.
 

TruePaige

Diamond Member
Oct 22, 2006
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I've seen who got fired because they were late / missed work too much because of their childrens get benefits.
 

Twista

Diamond Member
Jun 19, 2003
9,646
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I've seen who got fired because they were late / missed work too much because of their childrens get benefits.

Well that is one thing to consider. He does have 1 child. Maybe if your alone you are denied benefits.
 

Rubycon

Madame President
Aug 10, 2005
17,768
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Why do they call it fired anyway?

It's not the person is a gun or a rocket engine! :p
 

Number1

Diamond Member
Feb 24, 2006
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He will get EI depending on what the employer puts down as a reason for letting him go.
 

lykaon78

Golden Member
Sep 5, 2001
1,174
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My company contests and wins unemployment cases when people get fired for cause. We've had two in my department in the past year and in both cases there was a hearing held by teleconference. A represenative from the unemployment office asked the the firing manager to explain why they were fired and the former employee had their chance to tell their side of the scenario.

I guess its up to this representative if the employee gets unemployment or not but in both cases the employee lost.
 

Cattlegod

Diamond Member
May 22, 2001
8,687
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i've heard that it is VERY hard to not get it if you play your story right. i.e. if you get fired for sleeping on the job, you can blame it on the job for not giving you enough work to be engaged, etc.
 

BoomerD

No Lifer
Feb 26, 2006
65,603
13,981
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As has already been mentioned, the correct answer is MAYBE.

It will depend on:
1) State law-some states are more strict than others
2) Reason for termination. "Fired for Cause" is usually (but not always) denied.

it MAY be illegal to fire someone for missing time for children's medical reasons under FMLA.
 

Freejack2

Diamond Member
Dec 31, 2000
7,751
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From what I understand if a person gets fired from a job the employer has to pay their unemployment if the person qualifies for it.
I'd rather imagine with that in mind, most employers will find some reason to fire with cause no matter what.
 

zerocool84

Lifer
Nov 11, 2004
36,041
472
126
I was fired over a year ago. I was fired for coming in at the wrong time but 2 different managers told me to come in at different times. They tried to block it but the unemployment worker awarded it to me cus they found I was wrongfully fired. If you're fired for a good reason you won't get it. They will call your ex-employer.
 

grrl

Diamond Member
Jun 21, 2001
6,204
1
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Generally you can collect if fired. However, if you are fired "for cause" your former employer can contest the case. The former employer will have difficulty prevailing.

Not necessarily, it depends upon the cause and any supporting evidence you may have. My father got a former waitress denied unemployment. She was giving away dinners, but my dad had the napkin she wrote the orders on and a sworn statement from the cook.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
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Generally you can collect if fired. However, if you are fired "for cause" your former employer can contest the case. The former employer will have difficulty prevailing.

Bullshit. I pride myself in having an extremely high win rate against former employees.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
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As has already been mentioned, the correct answer is MAYBE.

It will depend on:
1) State law-some states are more strict than others
2) Reason for termination. "Fired for Cause" is usually (but not always) denied.

it MAY be illegal to fire someone for missing time for children's medical reasons under FMLA.

Only if they have gone through the proper channels and are covered. If they are, then it is illegal. If they are not, then it is not illegal.