am i eligible for unemployment insurance during 90 days probation period?

Question

Am i eligible for unemployment if my employment is being terminated during the 90 days probation, and the reason of the termination is NOT because of wrongful conduct.

Thank you!

I live in California, this is my first job in US, thought previous job were overseas, not in US, so I'm just wondering if i accept a job now and got terminated within 90 days, am i eligible for unemployment. one of the company i used to visit told me that one only need to work for the company a just 1 day to be eligible for unemployment. not sure if what he is telling is true or not.

Answer 1

It depends primarily on how long you worked at your previous job (if any) and whether you worked long enough to qualify for benefits.

Good luck.

Answer 2

Applying For Unemployment Insurance Ontario

Answer 3

Seeing the additional information you've entered - most of my response is still applicable. Do you suspect you may get fired?

The 90 day probationary/orientation period has nothing to do with whether or not you get unemployment. That is your company's policy vs. the states law. Two separate and different issues.

The main reason prior employers come into play is primarily because the state assesses what your "average wage" should be to determine how what % of unemployment is payable to you and if you've worked long enough to have earned benefits.

Almost EVERY state is "employment at will" and so there is no such thing as a "probationary period" so YES, you would (more than likely) be entitled to unemployment if you were there at least a few weeks... (although the exact length of time will vary in some states).

And before every ones gets bent with me, hear me out... a LOT of employers will still speak to a probationary period and even put it in their handbook, but its a SCARE TACTIC ONLY and has NO TEETH. If it does have teeth - then your employer has just voluntarily entered into an (implied) employment contract, which then NULLIFIES the "employment at will" verbiage they use to back up their reason for termination during the 90 day "probationary period."

NOTE: In any handbook I draft in which an employer insists on using this - it's phrased an "orientation period" but really means nothing... likewise... using the term "permanent employee" as the previous poster did, can also imply an employment contract, so employers must be careful about using that verbiage as well.

If you are an "AT WILL" employee and don't have an employment contract - the employer can fire you at ANY TIME for ANY REASON (as long as its not discriminatory) and likewise, you can quit at any time, for any reason - so....

....90 days or not has ZERO impact on an unemployment claim. ANY TIME means they can fire you 10 days into it or 6 years into it... and its up to the state standards to determine how long you must be employed (not the employer) in order for you to qualify for benefits. However, by putting a 90 day probationary period in place means had you made it past the 90 days - you would be (again, as the previous poster commented) a "permanent" employee and therefore, not "at-will" and subject to the terms and conditions of an employment contract (and they can no longer fire you for any reason).

WHAT YOU NEED TO DO: Simply contact your local unemployment office and ask the question! If nothing else, do a google search under "unemployment" and your state and they will likely be able to answer your question online and more than likely will have an online application form. FILL IT OUT!!! =)

Take the 30 minutes or so to complete the application process and see if they accept or deny the claim. It's up to the employer to fight it and if they don't, you will likely be fine.

ADDED LATER: Unless you were also terminated by your former employer - the former employer won't be charged unemployment either (assuming you voluntarily left that job to go to this one). It's not their fault or their burden that your next employer fired you.

Employers are assessed a higher unemployment tax burden/percentage based on claims and this is not their liability to take on. They would ONLY possibly take it on if you were termed from them as well and were already drawing benefits before you took this position and you were only in this position a few days to a few weeks.

However, as other posters have indicated - you usually do have to have worked long enough, prior to this job, to have qualified by state requirements to receive any benefits... but again, the 90 days is a separate issue.

Further - its to your BENEFIT as an employee that the 90 day probationay period doesn't really fly given the employment at will statutes. Go figure that I'm still the bad guy for telling you that you probably CAN qualify for benefits! LOL

Answer 4

If you had another job before that one, you might be eligible, otherwise you probably wouldn't have worked long enough. But apply anyway, and the unemployment comp bureau will tell you if you are eligible.

Answer 5

In most states No if you were not a permanent hire and were let go you are not going to get unemployment but there are 50 states with 50 sets of laws. It would be worth contacting the unemployment insurance office in your area to find out. That assumes you are in the US.

Answer 6

1

Answer 7

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Answer 8

I live in another state and am not familiar with California's UI Laws so I will refrain from answering in any meaningful way.

Answer 9

yes under certain conditions, they will charge your previous employer with unemployment benefits if you do not have enough time at your current job, but only if you are layed off or unable to perform the job.

Answer 10

possibly. contact your state's unemployment dept to find out for sure. i think you might be eligible.