Can I Get Unemployment if I Have Been Fired

From LoveToKnow Jobs

If you're reading this article you're probably asking yourself, "Can I get unemployment if I have been fired?" The answer is possibly, depending on the circumstances related to losing your job.

1935 Social Security Act

The Social Security Act of 1935 was designed to make sure that people who lost their jobs would be able to receive some kind of compensation. So if you are one who is unemployed and asking, "Can I get unemployment if I have been fired?" according to the 1935 Social Security Act, the answer is yes as long as you were fired through no fault of your own.

The 1935 Social Security Act brought the Federal-State Unemployment Insurance Program into existence. This program provides unemployment benefits to eligible workers, which brings us back to your question. Are you eligible? That will depend on your state. The federal guidelines say you are eligible if you are unemployed through no fault of their own. The government that decides whether or not you were at fault is your State Government, so if you're wondering whether or not you would be considered "at fault" you'll have to check the laws in your state. The federal guidelines establish parameters in which the states work.

Federal Guidelines for Unemployment Benefits
  • For those unemployed workers who meet State Law requirements, unemployment benefits are meant to afford temporary financial assistance.
  • Individual states administer separate unemployment insurance programs within parameters put forth by Federal law.
  • Eligibility, benefit amounts, length of time benefits are available to an individual are all decided by the State law within the state in which the unemployment claim is filed.

How Can I Get Unemployment if I Have Been Fired

To receive unemployment, you as the unemployed worker, must be faultless regarding the reason for termination. This provision stops workers from just getting the job with plans to lose it on purpose so they can collect unemployment payments. To determine whether or not you are fault, check your state's unemployment

How Much Will I Receive on Unemployment?

The unemployment payment amount received by individuals varies from one state to another. The amount received generally is around 50 percent of your weekly earnings. A cap is also in place establishing the maximum amount that can be paid. This amount also differs from state to state.

How Long Can I Receive Unemployment Benefits?

The length of time you can receive unemployment benefits is not cut and dried, and it varies by state. Most often, unemployment insurance will pay you for about 6 months. However, extended benefits are often available during times of high unemployment. This extension may be 13 week or longer, and during this time it is important to continue your job search.

Who Is Not Eligible for Unemployment Insurance?

Most workers are covered under the Unemployment Insurance system, however there are exceptions including:

  • People who are self-employed
  • Independent contractors
  • Casual employees
  • Agricultural workers

If you have recently lost your job and are wondering if you can collect unemployment the best thing to do is check with your state either online or by phone to learn whether or not your circumstances qualify. The key phrase to focus on is "no fault of your own". If you are out of work and it is in some way your fault, chances are you will not be eligible for unemployment insurance benefits.


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Comments

Stanehsa - Thanks for visiting LoveToKnow Jobs. The agency in your state that administers the unemployment compensation program will make the determination regarding whether or not you are eligible for benefits.

-- Contributed by: Mary White

i have been working for wendys for a year and a half and once the new manager came along thats when i started receiving write ups. my first write up was nov. 09 for failure to meet performance expectations (improper treatment of customers) basically they said i needed to smile when i take orders because the perception of my voice is being rude. my second and final write up was jan 10 for insubordination she lied and said that i was being rude to a customer and the customer called and complained but i didnt receive a comlaint neither did she show it.

-- Contributed by: stanesha

Jennifer - To find out for certain, she will need to go through the process of applying for unemployment. Only the state can determine whether or not she will be awarded benefits. Thank you for visiting LoveToKnow Jobs.

-- Contributed by: Mary White
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