I was fired so I cannot get unemployment benefits. This is a common misconception I often hear from clients.
It is too bad because many of these workers may be unwittingly failing to claim thousands of dollars of unemployment compensation.
Certainly layoffs are the traditional means by which terminated employees qualify for this money. However the determining factor is whether or not the employee has lost the job due to “intentional misconduct.”
This does not include negligence or performing poorly. The offense has to be intentional and rise to the level of actual misconduct. There is a high burden of proof for the employer who seeks to deny unemployment benefits.
If the employer can show it warned an employee about a certain action and the employee subsequently violated that policy, the employer might win the battle. Otherwise, victory and its financial rewards go to the employee.
So claim those benefits waiting for you. You’ve earned them.
Don D. Sessions, a Mission Viejo attorney, author and law school professor, helps employees enforce their rights.
Unemployment Benefits News
The US Labor Department reported the federal government and states overpaid $14 billion in unemployment benefits in 2011, equating to 11% of ALL jobless.
More Americans sought unemployment benefits last week, although the figures were skewed in part by Hurricane Isaac. The Labor Department said applications for jobless aid rose by 15000 to a seasonally adjusted 382000.
The Census Bureau will release official 2011 poverty figures on September 12. If the figures show that poverty rose, as some analysts predict, two key factors will almost certainly be a reduction in unemployment insurance …
Georgia has set up a showdown with the Obama administration over how deeply states can cut jobless benefits by refusing to give school bus drivers and lunch ladies unemployment benefits during their summer breaks.
While the media was busy obsessing about Obama’s fundraiser they totally missed the fact hundreds of thousands of Americans are losing their unemployment benefits. In 8 states, this weekend, 230 thousand Americans will lose their unemployment benefit…