Can I still collect benefits if I was fired from my job?

The answer is it depends on the reason you were fired.

Unemployment insurance programs are managed by each state, but the general rule is that you must be unemployed through no fault of your own to be eligible for benefits.

When you can usually collect benefits:

• Poor Performance or Lack of Skill: If you were fired because you weren’t a good fit for the job, couldn’t perform the duties to the employer’s standards, or made an honest mistake, you are typically eligible for benefits. These are generally seen as being “no fault of your own.”
• Company Layoff or Restructuring: If your position was eliminated or you were let go due to economic reasons, you are eligible.

When you may be denied benefits:

• Misconduct: If your employer can prove you were fired for misconduct connected with your work, you will likely be denied unemployment benefits.

The definition of “misconduct” can vary by state, but generally involves a deliberate or willful disregard of the employer’s interests or a violation of company rules. Examples often include:

• Theft or falsifying records.
• Failing a drug or alcohol test.
• Excessive, unexcused, or repeated absences/tardiness after being warned.
• Deliberate violation of safety rules.

Important Next Steps:

1. File a Claim Anyway: You should always file a claim with your state’s unemployment office immediately after losing your job. The state agency will investigate the circumstances of your separation to make a final determination.
2. The Burden of Proof is on the Employer: Your employer is the one who has to prove to the state unemployment agency that your actions amounted to misconduct to prevent you from receiving benefits.
3. Be Prepared to Appeal: If your claim is initially denied, you have the right to appeal the decision. In the appeal process, you can present your side of the story.

To get the most accurate information, you should check the website for the unemployment insurance or Department of Labor in the state where you worked.