If you've lost a job through no fault of your own, you'll probably be eligible for unemployment benefits, which replace a portion of your wages while you look for a new job. For example, if you've been laid off due to budget cutbacks at work, you'll likely qualify for unemployment.
You might also qualify for benefits if you quit your job, provided you have good cause for leaving. Good cause usually means intolerable working conditions, such as workplace safety issues or ongoing sexual harassment, that have essentially left you no choice but to quit.
But if you're fired from your job, the rules are a little different. Most states' eligibility rules say that you can still receive benefits as long as you weren't fired for committing misconduct. The term "misconduct" usually covers an employee's refusal to perform work duties or behavior that shows a serious disregard for the employer's rules or interests.
An employee who is fired for misconduct will be ineligible for unemployment benefits, either completely or for a certain length of time after being fired (known as the “disqualification period”). Some states vary the length of the disqualification period depending on the severity of the misconduct.
Misconduct covers purposeful or reckless acts that are against the employer's interests. For example, an employee who steals from the company or shows up to work intoxicated isn't entitled to unemployment.
Beyond these types of extreme acts, states differ in how they choose to define misconduct. California, for example, defines misconduct narrowly: Your employer must show that you knowingly or intentionally violated a company rule or policy and that your actions could harm the employer's business interests. But in Oklahoma, simply violating a company rule or policy might be enough to disqualify you.
In most states, misconduct doesn't include situations where employees aren't able to do the job despite their best efforts. For instance, an employee who lacks the skills to the job or is simply a "poor fit" will still be entitled to unemployment.
In most states, employees won't be able to receive benefits if they're fired for:
If you were fired for any of the reasons listed below, you’re likely still eligible for benefits, as long as your actions weren't intentional:
Whether the reasons for your termination will disqualify you from receiving unemployment benefits depends on your state's law and how it's been interpreted by your state's unemployment agency.
For information on your state's unemployment eligibility laws, contact your state's unemployment agency.
In some states, an employee who is fired for misconduct is ineligible for benefits for that particular job. In order to regain eligibility, the employee must get another job, hold it long enough to meet the state's earnings or hours requirements, and then lose it through no fault of his or her own.
Other states impose a penalty on employees who are fired for misconduct, but don't disqualify them from benefits completely. In these states, employees must wait out a "disqualification period"—often several weeks or months—during which they're ineligible for benefits. Once the disqualification period ends, the employee becomes eligible again.
If your application for unemployment benefits has been denied, or if you believe you've been wrongfully terminated, contact an employment lawyer as soon as possible for advice on how to proceed. Most states have short (and strict) deadlines for appealing a denial of benefits, so don't put off seeking legal help. An attorney will be able to explain whether your denial was legally justified and, if it wasn’t, help you file your appeal.
