Employees who are unemployed, through no fault of their own, are generally eligible for unemployment benefits. However, there are some other circumstances in which someone who is employed may also be eligible to receive unemployment benefits:
- Fired Employees: Individual state law determines whether a fired employee is eligible to collect unemployment benefits. An example of this would be how an employee who is fired for an illegal reason may be eligible, while an employee who was fired for serious misconduct would be ineligible to collect unemployment benefits;
- Laid Off Employees: Employees who are discharged or temporarily laid off due to the company closing, work reductions, or lack of work may be eligible to collect unemployment benefits. This is largely because they were out of work through no fault of their own; and
- Employees Who Quit: An employee who quits on their own may still receive unemployment benefits if they quit because of a “good cause,” and tried their best to keep the job.
Some examples of misconduct that generally render an employee ineligible to collect unemployment benefits include:
- Theft: An employee who steals or commits theft from the company, or other employees, would be ineligible to collect unemployment benefits;
- Crime: An employee who commits a serious crime or an illegal act during the scope of their employment, or related to the job, would be ineligible. Examples include assault, driving under the influence, and battery;
- Violation of Safety Rules: An employee who violates company policy or company safety procedures, when intentionally or willfully, would most likely be ineligible to receive unemployment benefits; and/or
- Failing A Drug or Alcohol Test: If an employee fails a drug or alcohol test that is required by their employer, they would be ineligible to collect unemployment benefits.
Some reasons that an employee who quits may still be entitled to unemployment benefits include:
- Medical Reasons: If an employee quits the job because of a serious medical reason, injury, or a disability, they may be eligible to collect unemployment benefits. However, many states require that the employee’s medical reason and/or the cause of the injury be related to the job in order for them to remain eligible for unemployment benefits;
- Sexual Harassment: If the employee was forced to quit their job because there was constant sexual harassment and abuse that existed in their work environment, the employee may be able to collect unemployment benefits. This would be because they were forced out of work at no fault of their own;
- To Care for a Family Member: Some states allow employees to collect unemployment benefits if they were forced to quit their job due to an illness in the family, and they were required to quit work in order to care for the family member; and
- Dangerous Working Conditions: If the employee was forced to quit because there were constant dangerous working conditions which the employer refused to address, it is likely that they will be eligible to receive unemployment benefits.
An eligible employee who wishes to receive unemployment benefits must do the following:
- File a claim with their local unemployment office;
- Learn the requirements in order to determine whether they are eligible and qualify to collect unemployment benefits;
- Determine whether their past earnings meet the amount required by their specific state;
- Ensure that the reason for their leaving qualifies to receive unemployment benefits;
- Be willing to work, and be ready to actively look for work; and
- Complete the unemployment insurance interview with their state office, if required.
If you are denied unemployment benefits and you believe that you are actually entitled to unemployment benefits, you may file an appeal in order to be reconsidered. The appeal must be filed within 20 days after the original denial.