Being unemployed comes with a lot of worries, with the biggest one being how you'll support yourself. But for those who were let go, there's an added concern: “Will I get unemployment if I was fired?”
Unemployment benefits are government aid that allows unemployed people to sustain themselves until they find a new job. There's just one caveat: Depending on the reason you got fired, you may or may not be eligible for those benefits.
Understanding how unemployment benefits eligibility works is key to figuring out if you'll be approved. Here's what you need to know.
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Will I get unemployment if I was fired?
In many cases, yes—you may still be eligible for unemployment if you were fired. You're eligible to collect unemployment benefits if you were terminated for no fault of your own. These include becoming redundant, cost-cutting by your employer, or a company-wide layoff.
Even if you're terminated for reasons related to your performance—like lack of skills, a poor fit, or a similar reason—you’re still likely eligible for unemployment insurance.
“While the requirements for qualifying for unemployment insurance benefits—UI, as it’s called in most states—vary from state to state in the USA, every state allows an employee who has been laid off or terminated to collect UI benefits with narrow exceptions,” says Jason Stern, employment lawyer based in New York.
Besides a termination for no fault of your own, the general eligibility criteria for collecting unemployment benefits includes:
- Earned at least a certain amount within the last 12-24 months
- Worked consistently for the last 12-24 months
- Actively look for a new job
The specific amount earned and months worked vary between states, so you should check with your state's unemployment office or labor department. In case you've worked in one state and live in another, contact the office from the state you worked.
What happens if you're fired for a cause?
If you're terminated for a cause, unemployment benefits might not be an option for you. “If you were fired for serious misconduct, like violating company policies or engaging in illegal activities, you would likely be disqualified,” says C.L. Mike Schmidt, attorney from Schmidt & Clark LLP.
Some examples of causes that could jeopardize your UI benefits includes:
- Falsifying records
- Failing alcohol or drug tests
- Sexual harassment
- Assaulting a coworker
- Stealing
- Driving under the influence while on duty
Exactly what constitutes a company violation depends on your specific company rules, regulations, and even the industry you're in. For instance, for a doctor, disclosing confidential information from a patient and violating HIPAA would be considered misconduct.
To find out if the reason for your termination affects your eligibility for unemployment benefits, it's a good idea to talk to an employment attorney and check with your state's unemployment office.
How long after termination can you file for unemployment?
Ideally, you should do it right away. “In most states, you can apply for UI benefits the day after you are terminated, unless you’re continuing to receive your salary either as part of a severance or separation package or salary continuance,” Stern says. (In which case, do it as soon as those payouts end.)
The reason for this is that it could take a while for your claim to be processed. “For example, in New York, you typically have to speak with someone from the UI benefits office for final approval,” he says. “And with tens of thousands of applicants, it can take days or even weeks to get through over the phone.”
Besides, most states pay unemployment benefits for 26 weeks only and the clock starts ticking as soon as you're fired or your severance ends. “While there is no strict deadline, delaying your application can affect the amount of benefits you receive,” Schmidt says. “Keep in mind that benefits are not typically retroactive, so waiting too long can result in lost weeks of potential benefits.”
How to apply for unemployment benefits
You must file a claim with the unemployment insurance program of the state where you worked (not where you live, if the two are different). It can be filed in person, online, or over the phone, depending on the state. You'll be asked for some personal information and must be sure to be accurate, as any incorrect data can delay the process.
Useful websites:
- U.S. Department of Labor: To find your state unemployment insurance office contact info
- U.S. Employment & Training Administration: To find more information on eligibility, filing a claim, and benefits
What to do if your unemployment insurance claim gets denied?
If you're sure of your eligibility but your claim gets denied, you can appeal the decision. “Each state has its own process and procedure for appealing a denial of UI benefits,” Stern says. The process often includes a denial letter that is sent to the claimer with directions to what to do next.
“The denial letter will include instructions on how to file an appeal, as well as the deadline, which is typically within 10 to 30 days,” Schmidt says. “During the appeals process, you may be required to provide additional evidence or attend a hearing to support your claim.”
For this reason, be sure to save any documents, like work emails and copies of your employment contract, that could potentially help your case. Both Schmidt and Stern also highlight the importance of consulting with an attorney if you find yourself in this situation, to increase your chance of a successful appeal.
FAQs
Do you have to be fired to collect unemployment?
Yes—that is, your company needs to decide to terminate your employment through layoff or firing—it can’t be a decision you make. In the U.S., workers who quit their jobs usually aren't eligible for unemployment benefits. “It’s very difficult to get UI benefits if you quit your job and you might have to demonstrate that you had no choice but to quit, for legal or other reasons,” Stern says.
Can I get unemployment if I was fired for performance?
Yes. Usually, mundane reasons like performance don't disqualify a worker from receiving unemployment benefits. The most common reasons for disqualification are misconduct, engaging in illegal activities, or severely and purposefully violating the company's policies.
Can you get unemployment if you were fired for attendance?
It depends on how serious your attendance issue was and if you gave notice, for example. “Termination for reasons like attendance issues or sickness does not automatically disqualify you from receiving unemployment benefits as each case is evaluated individually,” Schmidt says. “However, if the termination was due to repeated attendance issues without valid reasons, it could affect your eligibility.”
Can I get unemployment if I was fired for being sick?
It depends on the circumstances, but usually it's not a reason for immediate disqualification. “Missing work because of sickness can trigger ADA (American Disabilities Act) and FMLA (Family and Medical Leave Act) federal and state legal protections,” Stern says. He doesn't recommend signing any documents before speaking with an employment attorney.
“I advise clients who have been terminated because of sickness or excessive absences to take care of themselves or a family member to consult with an attorney before signing any severance, separation, termination agreement, or accepting any payment,” he says. “Most importantly, one should never resign in any of these circumstances.”
Can you get unemployment if you get fired for stealing?
Getting fired by committing a crime, such as stealing, typically makes you ineligible to collect unemployment insurance benefits. Any misconduct, company policy violation, or participation in illegal activities are reasons that can stop you from getting unemployment.