Produced by Massachusetts Law Reform Institute and Greater Boston Legal Services Show If you are fired, you may be able to get Unemployment Insurance (UI). But, if your employer had rules that were fair, rules that you knew about, and you broke the rules on purpose, you cannot get unemployment benefits. Also, if you purposely did something that caused serious problems for your employer, you cannot get unemployment benefits. Your employer may not want you to get benefits because he or she pays the taxes for unemployment insurance. If you get unemployment benefits, your employer may have to pay higher taxes. So your employer may try to prove you knowingly broke a fair rule or policy on purpose. Or, your employer may try to prove you acted against his or her wishes. To prove that you broke a reasonable ruleYour employer must show:
To show that you acted against his or her expectations or interestsYour employer must show:
If you are fired because you could not do the job, you can still get unemployment benefits. If you are laid off, the Department of Unemployment Assistance (DUA) will talk to you and your employer to find out if you can get benefits. Make sure you tell DUA your side of the story. If you are fired, you will need to contact DUA and apply for unemployment benefits. The sooner you apply, the better. The longer you wait, the higher the chances that your benefits will be reduced. Can I Collect Unemployment If I Get Fired? Reason Your Employment Came to an End You can collect unemployment, even if you were fired, as long as you were not fired for misconduct. Misconduct is usually an act done intentionally. For example:
Note that the misconduct does not have to occur during work hours if you are terminated because of it. If you were wrongfully dismissed you should contact our firm as soon as possible or you might lose your ability to receive EI. Acts that will generally not constitute misconduct are:
Note that if any of the above were done deliberately, it could be classified as misconduct. For example, deliberately performing unsatisfactory work because you dislike your manager. How Long You Have Worked In order to qualify for EI benefits, you must have worked between 420 and 700 insurable hours within the last 52 weeks. The exact calculation depends on the area of Ontario in which you reside and is done by the Government of Canada. Can you Collect EI if you are Terminated with Cause? No, if you were terminated with cause, this would most likely qualify as misconduct if don’t intentionally. Thus, you will not be entitled to EI. If you believe you were wrongfully terminated, please contact our firm. Can you Collect EI if you are Terminated without Cause? If you were terminated without cause, and are able to work but cannot find work, you may be entitled to employment insurance benefits. Your eligibility to obtain EI is based on:
Can I Collect EI If I Quit? If you have quit your job for a valid reason, you can still be entitled to EI benefits. Examples of valid reasons to quit and still receive EI benefits are:
If you have experienced discrimination and harassment, you may have a complaint under the Ontario Human Rights Code and should contact our firm. Additionally, if your salary was reduced significantly, you could have a claim for constructive dismissal and wrongful dismissal. If this has happened to you, please contact our firm to get the damages you deserve! What disqualifies you from unemployment in Tennessee?In Tennessee you are generally going to be able to draw unemployment compensation unless you (a) are unable to work, (b) voluntarily quit or (c) did something to cause yourself to get fired. These are what are known as disqualifying events.
What disqualifies you from unemployment in Alabama?The Alabama Unemployment Compensation Law provides for a delay or disqualification from receipt of benefits if: 1. You voluntarily quit your job without a good cause connected with the work. Personal reasons for quitting a job (i.e., lack of transportation, moving, etc.)
What disqualifies you from unemployment in Florida?You are receiving unemployment benefits from another state. You made a false or fraudulent misrepresentation to obtain benefits. You are receiving income, such as retirement pay, or severance pay. You are not monetarily eligible (i.e., you do not have enough wages in the base period).
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