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Will I be denied my unemployment if...?

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Rene Lawrence

Junior Member
My bf and i were hired as a team. Our employer is not happy with his performance so i have been wondering if we will be fired. Today i saw our job positions listed on craigslist. We have state inspections in the am. If Im a no show because I cant go in and pretend like im not about to lose my job which means i lose my house as well because its included in the job...what will happen when i apply for unemployment?
 


Shadowbunny

Queen of the Not-Rights
My bf and i were hired as a team. Our employer is not happy with his performance so i have been wondering if we will be fired. Today i saw our job positions listed on craigslist. We have state inspections in the am. If Im a no show because I cant go in and pretend like im not about to lose my job which means i lose my house as well because its included in the job...what will happen when i apply for unemployment?

What State is this in?
 

commentator

Senior Member
DO NOT DO IT!

Regardless of the state, if you quit your job right now by failing to show up for what MAY be your last day, then you have given your employer a great gift. You have voluntarily quit your job by your own decision, and the burden of proof that you should be approved for unemployment benefits because you are out of work THROUGH NO FAULT OF YOUR OWN is upon you to demonstrate. And under the circumstances you describe, in just about any state, any unemployment system that operates under the federal guidelines for unemployment insurance, your possibility of being approved for unemployment benefits are about somewhere between zero and absolutely not.

Unemployment is NOT a means based program which means that you do not get it because you are poor or needy. It is NOT taken from your paychecks, so you didn't as so many people say "I paid it in so I should be entitled to draw it out!" and from the sound of this, you may or may not have deserved to be fired, because of whatever was going on that dissatisfied your employer about you and your companion, but it will be legal for them to fire you for ANY reason in an "at will" state, which I bet you are living in, as almost every one of them is an "at will" state.

So if because you are thinking about this like a wuss and want to avoid the painful experience of being fired, you don't show up for work this day, that's going to cost you just about any possibility of being approved for unemployment benefits, even if you do qualify for them monetarily. Don't do it. Being fired is not a big deal, it happens all the time, it's fully legal, and it isn't a huge traumatic "can't stand it" thing.

To draw benefits, even before they will begin to deal with your eligibility based on the reason you are not working there any more, you have to have enough wages paid in for a covered employer during the last 18 months. If your employer hired you as a couple, and part of your reimbursement was a place to live, it's possible he was not a covered employer, in which case nothing would make you able to draw benefits unless you had some wages from some other employer during the base period to file from and set up a claim.

And even if you are fired, which will greatly increase the possibility that you could be approved for unemployment benefits (since your employer would have the "burden of proof" to show that he had a valid misconduct reason to terminate you to keep you from being approved to draw out unemployment benefits from the account that he has paid into) it will take you about six weeks or maybe much longer to get the benefits started and coming in.

In some states, if you are voluntarily quit a job or are fired from a job and you do not qualify for unemployment benefits, you can be sanctioned for a period of time from receiving food stamps/SNAPP benefits.

If you are put out of work, it's always a good idea to go ahead and file for unemployment benefits. There's no downside to doing so, no cost or penalties for filing a claim. That will make it clear that you either do or do not have a claim based on wages in quarters, and it will start the process of determining whether or not you qualify based on the reason you are no longer working.
 
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