Can one get unemployment if... ?

[Burzhui]

The employee was dismissed for insubordination, alchohol/drug related problem, Absenteeism?

Or can they only get it if they were fired for no fault of their own

[brainsmile]

I believe if you quit you are ineligible. Laid off, fired, etc should be ok.

http://swz.salary.com/salarywizard/layouthtmls/swzl_unemployment_CA.html

[cruelpupet]

I think i read that they are trying to change it for drug and alcohol realted issues...or maybe that was just for disability.

[Gothic Girl]

I don't believe they can get unemployment if they were fired at all, whether it was their fault or not. They can try for a hearing though, and see if they can prove that maybe it was discrimination or something to that affect.

[zenbooty]

What'd you do now, Burz?

[mcs328]

I'm pretty sure you can get unemployment if you get fired regardless of reason.

[zippyjuan]

The key phrase seems to be that you lost your job "through no fault of your own". I don't think getting fired qualifies. Unless your job is being eliminated or something.

[Gothic Girl]

Here's some info I got from this (http://employeeissues.com/unemployment_benefits.htm) site:


Job loss typically can't be the fault of unemployed workers. For example, employees who were fired for misconduct or those who voluntarily resigned generally aren't automatically eligible for unemployment benefits, while those who were laid off are. Still, fired or resigned employees have little to lose by filing claims for unemployment benefits, because state unemployment offices consider each case individually. For example, they might look at the whole picture, to determine whether or not employees were fired or resigned for good cause. Those who were fired for good cause might not be entitled to benefits, while those who quit for good cause might be. In some cases, fired or resigned employees might have to "win" unemployment benefits by appealing initial denials of same.

[johnnymk]

It all depends on the State or locale you live in.

My brother-in-law used to work for a company which had a high turnover rate. In every instance where the employee was let go (fired) they were able to collect unemployment, even upon appeal. It got so frustrating that the company stopped showing up for the appeals hearing because they knew that the hearing officer would rule in favor of the ex-employee, regardless of the bum he was.

[Burzhui]

What'd you do now, Burz?


Nah nothing, i just fired this girl who is applying for unemployment and i really don't want her to get it, she just doesn't deserve it. Came to work drunk, constant lateness or absenteeism, and insobordination... so i really really don't want her getting it

[chadlnc]

It really does depend on the state you live in. We fired a lady for insubordination once and she applied. We appealed and had a phone hearing and won. How long has she worked for you? In NC if we let them go within 90 days of hire they are ineligible.

[faither]

As well as having to do with the state in which you live, another important element is your employer. When you file, your company is notified. If they pitch a beeoch, your chances of getting UI is less. MY company very rarely contests UI claims and as such, if you file you'll more than likely get it.

[riskykougra]

Here in Canada you cannot get unemployment if you are fired or quit unless you can prove you quit because for some reason it became impossible for you to work there anymore. Like in my case...I quit because my supervisor was completely insane and because I was able to prove that I tried to remedy the situation with our home office through many months of emails, I was able to claim unemployment no problem. Just make sure you are able to cover your a$$. :thumb:

[Burzhui]

in case of unemployment who pays the company or state? or THird party insurance company

[oblongmelon]

Nah nothing, i just fired this girl who is applying for unemployment and i really don't want her to get it, she just doesn't deserve it. Came to work drunk, constant lateness or absenteeism, and insobordination... so i really really don't want her getting it

well, since you're in New York state, I think the same provisions apply to your area as they do to any NYS unemployment case..basically, when you apply for unemployment, you have to fill out alot of forms, one specifically asking if you had been previously warned about your job performance..they also ask if they can contact their employer for verification of termination reasons..this is when you let them know how she screwed up-chances are she wont get the benefit package she dreamed of..

[Nija]

Nah nothing, i just fired this girl who is applying for unemployment and i really don't want her to get it, she just doesn't deserve it. Came to work drunk, constant lateness or absenteeism, and insobordination... so i really really don't want her getting it
So, I assume, there are no hard feelings between you and lolita after this little incident...?;)