Can I get unemployment benefits if I quit my job?
When a person quits his or her job, it’s up to the employee to prove they quit with good cause. The burden can’t be shifted to the employer. Because there are very few ways to directly prove good cause, getting unemployment benefits in these situations often requires an experienced attorney who is knowledgeable in these types of cases.
Can I get unemployment benefits if I’m fired from my job?
When an employee is fired, the employee has the burden of showing that the termination was a result of misconduct by the employee.
Misconduct can be found where an employee deliberately violates or disregards standards of behavior that the employer has the right to expect of an employee. Misconduct can also be found in a situation where the employer has explained orally or in writing to an employee that such conduct is unacceptable. Some examples include: consumption of alcohol or illegal drugs on the employer’s premises, physical violence related to the employee’s work, or theft in connection with the employment.
How do I file for unemployment?
Employees who were either fired from their jobs or quit their employment may be able to receive unemployment benefits.
The process for getting a claim for unemployment granted follows these steps:
- Employee files a claim for unemployment benefits
- The employee will receive an initial decision on their claim
- Either the employer or the employee may appeal this decision
- An evidentiary hearing will take place and in most cases you will have to explain that you were either discharged due to no fault of your own or quit your job with good cause. This hearing takes place over the telephone or in-person at the local office of the Division of Employment Security. This appeal hearing is very important because the testimony at this hearing will be the only evidence used to decide on the unemployment claim.
- If you want to appeal this second decision, all further review is based on the testimony and evidence in the record created at the first hearing, documents in the file, and any legal arguments. Therefore, it is important to have a clear and complete record at the evidentiary hearing stage.
What if I’ve been denied unemployment?
If you feel you were wrongfully denied unemployment benefits it’s very important to contact an attorney quickly. There are strict deadlines throughout the appeal process and the sooner you select an attorney, the more time they will have to work with you to construct a strong case.