Getting Unemployment After Being Fired
My question involves unemployment benefits for the state of: Nevada
Im looking to get an idea of how often does Nevada unemployment benefits get awarded to the employee who was discharged/fired? What are my best chances and what can I do to better my ability to win the decision?
I am currently waiting until tomorrow for the unemployment office to call me to ask further questions in regards to my claim.
I was let go after three years of employment and was not given a reason at the time of the termination. However I have seen other employees let go before without any reason unbeknownst to them, and managers being requested by HR to help build a case against said employee so that the claim for unemployment would be denied. Such as write ups during any time of employment or record of employee not abiding by a broad spectrum of "policy and procedure". Im worried that will occur to me and I want to be as prepared as can be to appeal.
Re: Fear of Denial of Benifits
In all states, including Nevada, it is the reason for the termination that matter. Thus any statistics or percentages would be meaningless.
Apply and see what they say. Do it now because benefits are not retroactive. When asked why you were let go, you tell them you were not given a reason. The burden of proof is on your employer to show that you shouldn't get benefits, not on you to show you should.
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In all states, including Nevada, it is the reason for the termination that matter. Thus any statistics or percentages would be meaningless.
Apply and see what they say. Do it now because benefits are not retroactive. When asked why you were let go, you tell them you were not given a reason. The burden of proof is on your employer to show that you shouldn't get benefits, not on you to show you should.
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Sorry about the double post, above. Sometimes when I"m posting from my mobile devices they get a little funky.
Re: Fear of Denial of Benifits
Thank you for the info CBG, I saw a couple other post that you have helped with and I appreciate you helping me with mine.
This morning I received a call from the unemployment office to inquire about why I was let go and I told them that I was not given a reason for the termination. I also tried to request a reason and one was not provided. They then asked if I had been given a verbal warning and/or write up. I informed them that I had and gave a brief description of the cause. They then asked if I had improved since the write up and I told them that to the best of my knowledge that I had improved and that I did not have any of the same errors that caused the write up.
Should I have not told the unemployment officer about the write up?
Re: Fear of Denial of Benifits
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icepink2300
Should I have not told the unemployment officer about the write up?
This shouldn't really matter as your employer would have provided that info during the State's "investigation" into why you were let go as part of their process for determining your eligibility for funds. Even if they deny your initial claim you have the right to appeal that decision if you truly feel that you were let go for something other than misconduct.
Re: Getting Unemployment After Being Fired
One of the significant disqualifiers is "misconduct."
The burden is on the employer to prove misconduct but once he submits evidence of misconduct you get the opportunity to refute it.
The following article explains the appeals process (if you are denied) but, more importantly, it begins an important discussion of misconduct on Page 9.
http://detr.state.nv.us/ESD%20Pages/...s_Handbook.pdf
Here's a case decision that addresses absences as misconduct, which might or might not be your issue, but is an interesting read.
http://www.worldlawdirect.com/articl...-benefits.html
You might be able to find other case decisions at Google Scholar. The link should take you to the Nevada page where you can search "unemployment misconduct."
http://scholar.google.com/scholar?hl=en&as_sdt=4,29
There will be plenty of results. Save the pages until you find out what kind the employer alleges and then find cases that apply.
Good luck.
Re: Fear of Denial of Benifits
You did the right thing. As the above post says, the employer would have told them about it and it's better that it come from you.
Re: Fear of Denial of Benifits
Thank you all for your replys. I will check the links today to research the misconduct. Is the write up proof enough on the employers side or would they have to provide detailed reports and examples?
Re: Fear of Denial of Benifits
There's no way to answer that. It depends on what kind of misconduct and how detailed the write up was and whether you had additional warnings and whether there were still jelly donuts left when the adjudicator got to the break room that morning. It's really not as cut and dried as you are trying to make it. What were you written up for? That might help us help you. You can PM me if you'd rather not post publicly.
Re: Fear of Denial of Benifits
As for witnesses in case this goes to an appeal.. The only witnesses that know of the situation at my previous job all still currently work at the company and wouldnt want to lose their job in effort to help me. What ideas would you have to overcome not having witnesses to help back my side of the story?
Also is there a company or program that offers free legal help to represent me in an appeal hearing?
I would really like to PM you CBG, it is a bit long I hope you dont mind? I have been working on it last night and this morning.
Re: Fear of Denial of Benifits
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icepink2300
Is the write up proof enough on the employers side or would they have to provide detailed reports and examples?
The following link is to the Employer's notice of claim. You can see how the form asks for reasons for termination and the instructions on the second page asks the employer to provide any appropriate documentation.
http://www.nvdetr.org/emp_notices/Em...-Last-NTL.html
Should you be denied and have to appeal it's likely that you would be able to get a copy of the employer's response and documents. You might have to make a written request.
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icepink2300
As for witnesses in case this goes to an appeal.. The only witnesses that know of the situation at my previous job all still currently work at the company and wouldnt want to lose their job in effort to help me.
You can serve subpoenas on those employees according to the appeal process that I previously linked to.
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icepink2300
What ideas would you have to overcome not having witnesses to help back my side of the story?
If you didn't keep documents all you can do is tell your story.
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icepink2300
Also is there a company or program that offers free legal help to represent me in an appeal hearing?
Google "free and low cost unemployment attorneys las vegal."