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  1. #1

    Default Can You Get Unemployment After Getting Fired for Misconduct

    My question involves labor and employment law for the state of: California

    My employer pulls me in for a mandatory meeting without telling me about what. Then they asked me if I had reported a possibly false record, to which I did not want to answer before I could check my records. They tried to push me to answer right there and then (I could have remembered, but did not want to answer because the whole setting felt very suspicious to me, almost like they wanted to fire me). I asked if we could reschedule so I could look at my records and answer the question. We did so.
    Next week, I get an email saying we need to meet within 2-3 hours without asking if we could. Then, they say: "we reviewed the data and we need to part ways." they hand me the check and that was it.

    Not sure if I am eligible for unemployment benefits. Please help. What should I do?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    Apply immediately.

    If you get denied, you appeal and you keep on appealing on all the levels.

  3. #3

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    Hi adjusterjack! wow, thanks so much for your response, I have never been fired, or applied for unemployment, or even posted anything on a forum.
    Yes, I already applied... I didn't think of applying only after 2 months of not working. It just did not cross my mind...

    I am nervous about the phone interview...

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    Just for future reference, there is no penalty for being wrong. ANY time you are let go for ANY reason, apply for unemployment. The worst that can happen is that you're turned down, and in that case you're out nothing but a little time and you're no worse off than if you never applied in the first place. You do not have to know for certain that you qualify before you do.

    From your description, I'd say you're more likely to qualify than not, but I can't carve it in stone.

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    I'm going to be a little contrarian on this one for two reasons.

    1. If the OP is found to have actually been guilty of misconduct there will be a disqualification period that will require a certain period of UI covered work before he would be able to receive UI. If he were to get a new job and then be laid off from that job before he had completed the DQ period he would still not be able to draw UI.

    2. If there is a record of the OP actually falsified records it is likely that UI would fine misconduct.

    Please note the OP never actually said if he did falsify reports or not.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    The report (at least the initial one) doesn't really much delve into the reason for termination. It just asks "Laid off/Fired/Quit/Striking" and explanation in 150 words or less.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    I understand that. And when the answer is "Fired" follow up is conducted.

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    There is really still very little, not very often, a downside to filing a claim. If nothing else, it sets up the claim. If you wait too long, you may have lost quarters of benefits. I have seen so many people who were fired, or even laid off, who waited until they "really needed" unemployment benefits, and then found that the quarters had dropped off and they had no claim or a very small claim at best, even if approved.

    And if you file quickly and the claim is being adjudicated, you can still take another job and go back to work while continuing to appeal to receive benefits for the weeks you were out of work. And then if you are finally disqualified, you're already in the process of working off the disqualification. It is a pretty rare situation to be disqualified and then go back to work and be laid off before you have made enough to overcome the disqualification. jobs are plentiful right now.

    The thing is, you can't usually receive any backpay for weeks before you filed the claim, and many times (unlike our experts) HR people do not go through the necessary steps to establish clear cut misconduct before they terminate. So generally I'd say it's a pretty good practice to file that claim, regardless of whether not you suspect your employer had a great reason to terminate you and that you may not be approved. You're just not going to be able to guess what the unemployment law is going to be like in your individual situation, and the agency folks will be able to work it out far better than you can do based on your assumptions. Of course, you can always come onto the internet and be guided!

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    Quote Quoting PayrolGuy
    View Post
    I'm going to be a little contrarian on this one for two reasons.

    1. If the OP is found to have actually been guilty of misconduct there will be a disqualification period that will require a certain period of UI covered work before he would be able to receive UI. If he were to get a new job and then be laid off from that job before he had completed the DQ period he would still not be able to draw UI.

    2. If there is a record of the OP actually falsified records it is likely that UI would fine misconduct.

    Please note the OP never actually said if he did falsify reports or not.
    A friend of mine (in a state that is not yours, mine, or the OP's, for what it's worth) fired an employee for stealing. There was no question of his guilt and if I remember correctly the employee admitted it.

    He filed for unemployment. She contested. He won, because there was nothing in the employee handbook that said if you steal from the employer, you'll get fired.

    The decision was eventually overturned on appeal, but the fact that the initial decision went to the employee at all just shows that there's no telling what's going to happen in unemployment situations.

  10. #10

    Default Re: Fired for Misconduct, Not Sure Which. Could I Get Unemployment

    I understand, thanks guys so much for the help!!
    Honestly, the issue that was mentioned by my managers (falsifying reports) is in my opinion unimportant. The report is really about whether or not I was on the clock or rescheduled for work. The work gets done no matter what and nobody is affected by that or no one has ever been questioned about that. The only reason could be "fired for lying", but I did not fully admit that I lied, I just didn't want to answer before I could check my records, and plus, the setting (they pulled me in and started interrogating me without telling me what this was about) was intimidating and upsetting to me. I asked for a reschedule of the meeting. When we met again, they said "WE HAVE REVIEWED THE DATA AND WE THINK WE NEED TO PART WAYS". It just felt that they were going to fire me no matter what I said in response to the question. Plus, I had stated to my manager the week before that that was probably not the place for me anymore and I possibly needed to move on. So, maybe they let me go in response to that?? I am not sure.

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