Can you draw unemployment if your fired

Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.

Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer. Gross misconduct examples A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing.

Examples include: Embezzlement or theft of property. Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include: Installing a secret camera in fitting rooms. Misconduct and gross misconduct penalties If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny you r benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance.

Sometimes it is not clear whether you quit your job or you were fired. You should apply for unemployment benefits if you are not sure. Your employer may try to stop you from getting benefits by saying you quit, even if you were actually fired. You then have to show you did not quit your job. Communicating with your employer can clear up whether you quit or were fired. If you have a confrontation with your employer, you should clearly state to your employer that you are not quitting your job.

You should tell your employer you are not leaving unless the employer is firing you or suspending you. Take a witness to the meeting, so that your employer will not later try to claim that you quit and were not fired. Before leaving, you could even request that the employer put in writing the fact that you are being fired rather than quitting. Keep in mind that often employees and employers argue when a job ends. If your employer calls security or the police, cooperate fully.

However, make it clear in the presence of security and the police that you are leaving because you are being fired, not because you are quitting. If your employer decides to suspend you rather than fire you, you should report back to work when the suspension ends.

If the suspension is for a week or more, you should apply for unemployment benefits. You will qualify for benefits unless the employer shows that you were fired for "misconduct. Misconduct must be deliberate. It can be something you did. It can be something you did not do that you were supposed to do. It must be harmful to the employer. If you were fired for misconduct, you cannot get unemployment benefits.

Many employees are fired for things that are not misconduct. They will get unemployment benefits. Examples of things that are not misconduct include:. In general, these situations are not misconduct and you can get unemployment benefits. Also, you cannot be denied unemployment benefits if your employer waits a long time after your bad behavior before you are fired for it.

Many people are fired and get unemployment benefits. This means you should still apply for unemployment benefits even if you are fired.

Do I have to keep looking for work? In order to receive benefits, you must be able and available for work. You must also make a minimum of two job contacts each week. The job contacts are required, even if you lost your initial claim.

You must meet the work search requirement while your appeal is pending. If you were laid off or lost your job for financial reasons because the company had to downsize or cut costs because of the recession, for example , you will meet this eligibility requirement.

But what if you were fired? Your eligibility for benefits after being fired depends on your state's law. Applicants will not be eligible for unemployment benefits if they were fired for serious misconduct relating to the job. States vary in how they define misconduct, however. About half the states specifically disqualify applicants who are fired for reasons relating to drugs and alcohol. Some states disqualify employees who are fired for intoxication or reporting to work under the influence of alcohol or drugs.

Other states disqualify employees who are fired for failing a drug or alcohol test or for refusing to take one. Even if a state's unemployment laws don't specifically address alcohol and drugs, the state's unemployment agency may consider alcohol and drug-related problems on the job to be included in the definition of misconduct that will render an applicant ineligible to collect unemployment.

In a number of states, the misconduct for which an employee was fired has to be quite serious to render the employee ineligible for unemployment compensation. An employee who is fired for poor performance, lacking the necessary skills for the job, or simply being a poor fit will still be able to collect unemployment in these states.

An employee who intentionally acts against the employer's interests, on the other hand, will not be eligible for benefits. Other states are more strict, finding that an employee who is fired for violating a workplace policy or rule, or even for performance problems, won't be eligible to collect benefits. In most states, these types of misconduct will likely render an employee ineligible for benefits:. To find out how your state defines misconduct — and which reasons for getting fired will disqualify you from receiving benefits — contact your state's unemployment agency.

Each state has its own procedures for handling disagreements between employers and employees, including disputes about why an applicant is fired.