Can you get unemployment benefits if you're fired or quit your job?
(NewsNation) — When you're fired, you typically have the right to collect unemployment benefits. But what if you quit?
According to the U.S. Chamber of Commerce, eligibility for unemployment benefits varies in both situations since it's typically based on why an employee was fired. For example, if you were fired because of a violation of your company's policy, you may be ineligible to collect benefits.
If you quit your job, you most likely won't be eligible for unemployment benefits. However, it's not always that simple.
How do unemployment benefits work?
Unemployment benefits are run by the federal government and the state where you live and work. They are meant to offer short-term help for those unemployed and searching for a new role. The state decides how much you can receive, who can receive benefits and how long those benefits will last.
In many states, eligible workers receive benefits for up to 26 weeks while looking for another job. However, nine states offer less than 26 weeks of benefits, and two states offer more than 26 weeks of benefits. Four states offer extended benefits programs.
Unemployment programs are funded by businesses through the Federal Unemployment Tax Act and the State Unemployment Tax Act.
Who is eligible to receive unemployment benefits?
Being unemployed doesn't mean you're eligible to receive benefits. Typically, the reason you were fired determines eligibility. If you were fired for reasons out of your control, you're likely eligible. These can include:
- Layoffs
- Downsizing
- No available work
- Furlough (like those due to the coronavirus pandemic)
You must also meet work and wage requirements, as well as any additional requirements from your state. If you were fired for instances such as theft or too many unexcused absences, you may not be eligible for benefits.
Who is not eligible to receive unemployment benefits?
Other reasons for not being eligible could include:
- Failing a drug test
- Coming to work intoxicated
- Safety violations
- Sexual harassment
- Causing abuse or harm to fellow employees
- Intentionally violating a company's policy (in some states)
If you quit your job, you likely will not receive unemployment benefits. However, if you can show that you had a good reason to quit, such as harassment or an unsafe working environment, you could still be eligible.
If you're fired, what are your rights?
Most employment terms are "at will," meaning you can be fired at any time for any legal reason. However, you still have rights, including the right to receive unemployment benefits. You also have the right to receive your final payment and be paid severance if it is in your contract.
If you're fired, you should also be offered continued health care coverage through COBRA. If your firing is part of a larger layoff or the closing of a business, then you also have the right to be given advance notice.
Can a previous employer contest your unemployment claim?
If an employer thinks your unemployment benefits claim is invalid or misleading, they can contest it. When you make a claim with your state, your former employer will receive a notice either from the state itself or the federal agency. That claim will include details of your termination.
An employer then decides whether to accept or contest the claim. If you believe your claim is wrongly contested, you can fight it.