Reasons You May Be Ineligible For Unemployment Benefits When Fired

Reasons You May Be Ineligible For Unemployment Benefits When Fired

If you have lost your job, you may be considering filing for unemployment benefits in order to make it while you search for a new position. If certain circumstances apply to your job loss, however, you may be ineligible for unemployment benefits. In order to collect benefits, you must have lost your job through no fault of your own. An example of faultless job loss that would result in benefits eligibility might include being laid off from your job because of financial reasons. If you were fired, you may be ineligible for unemployment benefits in some cases. It will depend on the reason why your employer fired you. Our attorneys at Swartz Swidler LLC may review the denial in order to determine whether you have grounds to fight the denial.

Serious misconduct and ineligibility

In New Jersey and Pennsylvania, each state’s laws determine whether or not you may be eligible for unemployment if you have been fired. In general, if you were fired for serious misconduct, you will likely be deemed to be ineligible, either completely or for a period of time known as a disqualification period.

Your alleged misconduct would need to be pretty severe in order to make you ineligible for unemployment. If you were fired for not having the needed skills, failing to perform adequately or because you were a poor fit, our attorneys at Swartz Swidler will likely be able to help you to collect unemployment benefits. If you recklessly or intentionally acted in a way that was adverse to the interests of your employer, you will likely not be able to collect unemployment at least for the disqualification period.

Types of misconduct leading to ineligibility

The following are some types of misconduct that may make you ineligible to receive unemployment benefits:

  • Failing or refusing to take an alcohol or drug test
  • Stealing from coworkers or from your employer
  • Committing a crime related to the job, such as driving under the influence while working, destroying company property or assaulting people at work
  • Intentionally violating safety rules may lead to disqualification, but careless mistakes may still lead to eligibility

Although you may be disqualified from receiving unemployment benefits because of the reason that you were fired, it may not be permanent. In New Jersey, for example, misconduct is divided into simple misconduct, severe misconduct and gross misconduct. People who are fired because of simple misconduct will face disqualification periods lasting for seven weeks. Those who were fired for severe or gross misconduct will not be eligible until they obtain new employment, keep their jobs for certain specified lengths of time and meet specific earnings requirements.

If you have received a denial from the state’s unemployment insurance agency, you might want to talk to an attorney with Swartz Swidler. We may assess your situation and reason for your job loss in order to determine whether or not you are likely to win your case at a hearing about the denial.