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  1. #1
    Join Date
    Dec 2014
    Location
    Reno, Nevada, United States
    Posts
    5

    Default 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

    - - - Updated - - -

    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.

    - - - Updated - - -

    Sorry about the double post, above. Sometimes when I"m posting from my mobile devices they get a little funky.

  3. #3
    Join Date
    Dec 2014
    Location
    Reno, Nevada, United States
    Posts
    5

    Default 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?

  4. #4
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Fear of Denial of Benifits

    Quote Quoting icepink2300
    View Post
    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.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  6. #6
    Join Date
    Dec 2014
    Location
    Reno, Nevada, United States
    Posts
    5

    Default 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?

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

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