Collecting unemployment

[RiseFromRuin]

Ok so I need some advice...I live in the United States

I recently got fed up with my job, and put in my two weeks in the morning. Later than night I came back to work and was fired...

My job file was kinda thick with write ups..being late, mouthing off, other small time shit. I was late the morning shift I was fired, and my manager cited this as the reason I was officially being fired. I was on my "final job warning" for awhile and did numerous stuff after it to get myself fired. But basically i got canned bc I put in my two weeks, and he said it would "undermine the credibility of him" in the eyes of the other employees if he didn't fire me.

So my little phone hearing thing is in a week, and am wondering what my chances are, for collecting unemployment.

I was fired for a legitimate reason...so is this gonna exempt me from receiving unemp? I have a college degree and was sick of my shitty job so it's not like I am planning on sitting on the couch for a year...but it would be nice to collect for a few months while I am looking for a career.

I really don't need conjecture from anyone...but if anyone has been in this situation or is aware of the rules for receiving the benefits, I would appreciate opinions. I have read conflicting info about whether or not I should be able to collect...

 

[IBeCrazy]

I'm not totally aware of the rules for getting benefits but IMO it's worth a shot. What can you lose except some time? It really doesn't take too long either.

If the company you worked for doesn't respond to the unemployment people you will get the unemployment because they didn't argue the case. I got unemployment from being fired from Dominos Pizza they didn't respond to the unemployment thing to argue so I started getting unemployment.

 

[drklnk]

Always try. The worst that happens is you get denied.

 

[AustinRay]

[This forum is for legal advice, not moral chastising. Please try to make your posts more helpful.

thanks - MA]

 

[robatussin]

I had a similar situation happen. I was fired because i was unable to transfer locations. My boss knew i had no transportation and rented an apartment within walking distance to that location so i could walk to work. I filed for unemployment and the boss challenged it saying i was "under influence on job" (her english wasnt the best). I had to fill out a bunch of paperwork about the situation and since they had no physical evidence of me being intoxicated, it was ruled in my favor. After this, the company appealed the ruling. I had to gather all the evidence i could in preperation for a trial of sorts where a referee would hear both sides of the argument in person. After all the prepwork i did fearing i would have to pay back the unemployment i already recieved, the company waited untill the day before the hearing and withdrew their appeal. I WIN I WIN! I guess it came down to the fact that they didnt want to pay lawyers to go out and defend a case that had no merit. I called their bluff and they backed down. Dont be afraid to fight for a just cause.

 

[randycaver]

Generally you can collect unemployment unless they can prove that you were deliberately doing stuff to your company to harm them..

I've seen plenty of people at my job (I work in HR) that were late, and committed other minor offenses and were still eligible. An example of harming the company: stealing customers, divulging company information to a competitor, or violating a noncompete agreement. The company would be justified in wanting to deny you benefits.

 

[Banquo]

the company waited untill the day before the hearing and withdrew their appeal.

OT - but this is a frequent occurance in other types of proceedings too. Insurance companies, parties to a civil suit, and just about anyone who can use the threat of a court/arbitration proceeding as leverage will often take it as far as they can.

 

[RiseFromRuin]

Thanks randycaver, that's the statement I was looking for. In the little booklet it says you cannot receive benefits if you were fired bc of "misconduct," and that's a pretty abstract caveat. Then again I have heard countless anecdotes of people receiving it after being fired for some pretty serious offenses.