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A friend of mine from where I used to work just told me that she got fired. She said she doesn't think she can collect unemployment because the reason she got fired was labeled as "misconduct." I have no idea what she did yet, but is that a general rule for collecting unemployment?

2007-11-11 17:58:41 · 8 answers · asked by Grace1228 3 in Politics & Government Law & Ethics

8 answers

Yes, if you were fired for misconduct, generally you will not be able to collect unemployment. It is also generally best to apply for it and let the agency make that determination.

2007-11-11 18:06:08 · answer #1 · answered by DaveNCUSA 7 · 1 0

yes you can get unemployment. The thing is..unemployment is on the side of the employee, not the employer. There are very certain critical rules that have to be met for unemployment to deny a claim for misconduct. Your friend should give as much detail as she can about how she feels there was no basis for misconduct..that she feels she was unfairly terminated in her unemployment application.

The unemployment agency will then review the case. Typically for there to have been a true misconduct dismissal..the employer will have to prove that the employee knowingly violated a policy that would get her fired. IE..that the company gave this girl a final warning letter stating that she would be fired if she continued to do a certain thing, and knowing this, your friend went ahead and did it anyway.
THAT's misconduct in the eyes of unemployment. The fact that the company wrote the words misconduct on her termination papers because they don't know anything about the law and are maybe just trying to screw her over is meaningless.

Yes, your friend should go immediately to file to unemployment claim,and make sure she actively denies that she was doing anything she knew was wrong.

2007-11-11 18:09:58 · answer #2 · answered by zanthus 5 · 1 1

Is there any other reason to be fired aside from misconduct? Go and apply. They will research the claim, which means they will send a notice to the company for explanation for termination. Many companies don't respond or choose not to press the issue.

2007-11-11 18:08:13 · answer #3 · answered by xtowgrunt 6 · 0 1

specific you may. additionally in case you may arise with any of the others that have been given the same line of rubbish jointly you have a case of wrongful termination. it is something which will take for ever yet once you all stick jointly aI think of possibly you should come out forward and probably end the CEO from doing this anymore. in case you may touch them have the unemployment place of work understand that this replaced into no in elementary terms completed to you yet others and enable them to look into from there. The can circulate lower back and look at previous documents of any organisation and notice what if any lawsuits have been made by using others until eventually now you. so a approaches as a regulation healthful you in no way know until eventually you attempt. it could fee somewhat or in the experience that your particularly in a bind verify and notice if there's a criminal help place of work the place you reside. they ought to have the skill to tell you in case you have a case. good luck.

2016-10-16 05:20:25 · answer #4 · answered by ? 4 · 0 0

Generally speaking, unemployment is only paid when a worker is dismissed through no fault of his or her own. If you quit or are terminated for 'misconduct' you're not eligible.

2007-11-11 18:07:27 · answer #5 · answered by [z]ther 5 · 1 0

well it depends on many factors, like company policies, nature of work of your friend in that company and primarily, on the governing labor law of your country.

under the LABOR LAW in our country, misconduct is a ground for termination of work, however such misconduct should be classified as gross misconduct and not as ordinary misconduct.


have a nice day

2007-11-11 18:24:47 · answer #6 · answered by utak manok 2 · 0 0

If she believes her employer fired her for unjust reasons, she should file for unemployment.
The unemployment agency will determine if she is qualified or not.
She may have to go to a hearing to tell her side of the story, this is called arbitration.

2007-11-11 18:11:54 · answer #7 · answered by Anonymous · 0 0

She should file. If denied, she can always file an appeal. You probably have no idea what they will say to the UC questionnaire they will receive. There's only one way to find out.

2007-11-11 18:35:38 · answer #8 · answered by TedEx 7 · 0 0

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