Can you draw unemployment if you are fired

Can I Collect Unemployment If I Get Fired?
Being fired does not automatically make you ineligible for employment insurance. Eligibility for employment insurance is based on two factors: the reason your employment came to an end and how long you have worked with the employer.

Table of Contents Show

Were you laid off or fired?
Layoff examples
Fired for misconduct examples
Gross misconduct examples
Misconduct and gross misconduct penalties
What disqualifies you from unemployment in Alabama?
What disqualifies you from unemployment in Florida?
Can I get unemployment if I was fired for performance in Georgia?
What can disqualify you from unemployment benefits in Texas?

Reason Your Employment Came to an End

You can collect unemployment, even if you were fired, as long as you were not fired for misconduct. Misconduct is usually an act done intentionally. For example:

Deliberately not following instructions/disobeying orders from the employer
Stealing office property
Being persistently late for work after being warned
Destroying company property on purpose
Threatening or violent behaviour

Note that the misconduct does not have to occur during work hours if you are terminated because of it.

If you were wrongfully dismissed you should contact our firm as soon as possible or you might lose your ability to receive EI.

Acts that will generally not constitute misconduct are:

Incompetence
Unsatisfactory work
Inability to perform certain jobs; or
Inexperience.

Note that if any of the above were done deliberately, it could be classified as misconduct. For example, deliberately performing unsatisfactory work because you dislike your manager.

How Long You Have Worked

In order to qualify for EI benefits, you must have worked between 420 and 700 insurable hours within the last 52 weeks. The exact calculation depends on the area of Ontario in which you reside and is done by the Government of Canada.

Can you Collect EI if you are Terminated with Cause?

No, if you were terminated with cause, this would most likely qualify as misconduct if don’t intentionally. Thus, you will not be entitled to EI. If you believe you were wrongfully terminated, please contact our firm.

Can you Collect EI if you are Terminated without Cause?

If you were terminated without cause, and are able to work but cannot find work, you may be entitled to employment insurance benefits. Your eligibility to obtain EI is based on:

If you were employed by an insurable employer,
The actual reason you were terminated (for instance, what has been recorded by your employer) was of no fault of your own,
You have been without work and pay for at least seven consecutive days in the last 52 weeks; and
If you have worked the required number of insurable hours in the last 52 weeks or since the start of your last EI claim (whichever is shorter).

Can I Collect EI If I Quit?

If you have quit your job for a valid reason, you can still be entitled to EI benefits. Examples of valid reasons to quit and still receive EI benefits are:

If you have experienced discrimination
If you have experienced harassment
If your working conditions were unsafe and dangerous to your health or safety
If you must move to another province to be with your spouse of child
If you were hired for another job that ended up falling through
If your salary was reduced significantly

If you have experienced discrimination and harassment, you may have a complaint under the Ontario Human Rights Code and should contact our firm. Additionally, if your salary was reduced significantly, you could have a claim for constructive dismissal and wrongful dismissal. If this has happened to you, please contact our firm to get the damages you deserve!

Were you laid off or fired?

There is a difference between being laid off and fired. Generally, we will treat you as:

Laid off if your employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
Fired if your employment was ended because of performance, behavior or other “just cause” reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. Youmay not qualify if you were fired for misconduct or gross misconduct.

Layoff examples

Your employer has no work available
Your assignment ended
Your employer went out of business
Your position was eliminated
You're required to participate in temporary classroom apprenticeship training
You're a seasonal employee and the season ended
Your employer temporarily shut down for reasons such as weather, materials delay, natural disaster or temporary maintenance closure
Your employer gave your separation reason as standby
Your employer said that you were on furlough

Fired for misconduct examples

Deliberate or wanton disregard for your employer or a fellow employee, such as:

Insubordination
Repeated inexcusable tardiness after warnings
Dishonesty related to your employment
Repeated and inexcusable absences
Violating the law or deliberate acts that provoke violence or illegal actions, or violating a collective bargaining agreement
Violating a company rule

Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.
Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer.

Gross misconduct examples

A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing. Examples include:

Embezzlement or theft of property.
Purposeful destruction of the employer’s property.

Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include:

Installing a secret camera in fitting rooms.
Stealing a patient’s identification.

Misconduct and gross misconduct penalties

If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny your benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance. If we deny your benefits based on gross misconduct, we will also remove wages and hours from your unemployment insurance records. Once the wages and hours are removed, they are no longer available for your use and may cause you to be ineligible for future unemployment benefits.

What disqualifies you from unemployment in Alabama?

The Alabama Unemployment Compensation Law provides for a delay or disqualification from receipt of benefits if: 1. You voluntarily quit your job without a good cause connected with the work. Personal reasons for quitting a job (i.e., lack of transportation, moving, etc.)

What disqualifies you from unemployment in Florida?

You are receiving unemployment benefits from another state. You made a false or fraudulent misrepresentation to obtain benefits. You are receiving income, such as retirement pay, or severance pay. You are not monetarily eligible (i.e., you do not have enough wages in the base period).

Can I get unemployment if I was fired for performance in Georgia?

If you were fired from your job, you will not be able to draw benefits if your former employer can show that you were fired for failure to follow rules, orders, or instructions, or for misconduct on the job. The only way to know for sure whether you are eligible if you are fired is to file a claim.

What can disqualify you from unemployment benefits in Texas?

You may be eligible for benefits if you were fired for reasons other than misconduct. Examples of misconduct that could make you ineligible include violation of company policy, violation of law, neglect or mismanagement of your position, or failure to perform your work adequately if you are capable of doing so.