How long after your fired can you file for unemployment

How long after your fired can you file for unemployment

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When you lose your job and have trouble finding a new one, you may be able to claim unemployment benefits in your state. Unemployment benefits are intended to provide temporary financial relief while you look for other employment. Each state offers unemployment benefits to workers who are no longer working. Even if it has been more than one year since you were employed, you may still be eligible for benefits.

When to File

Although you can file for benefits at any time, you should typically file for unemployment benefits as soon as you become unemployed. This is because unemployment benefits usually start as of that date. The date you file your claim is the date your benefit year starts. In certain states, your first week is considered a waiting week, which means that you don't get a benefits payment that week. The following week is when you begin to receive benefits payments. Filing can typically be done online or over the phone.

Employment History

To file for unemployment benefits, you must have information regarding your unemployment history. You need to list names, addresses, contact information and your supervisor for your previous jobs. You're also asked why you're no longer employed. Being fired doesn't automatically disqualify or qualify you for benefits. If you have more details, such as the fact that you were fired due to the company losing a contract, provide those details when you apply for benefits.

Benefit Base Period

When determining how much your weekly benefit payment is, the state unemployment office looks at your base period earnings. The base period is defined as the first four of the previous five quarters; in months, this means the first 12 of the past 18 months. Waiting to file for more than a year can result in a lower weekly benefit payment, as only the past 18 months are looked at. If you lost your job more than 18 months ago, you likely won't get any unemployment benefits unless you've been employed since then. The exception to this is if you had no wages due to injury or illness, which qualifies you for an extended base period to include a recent time when you had wages.

Retroactive Benefits

Usually unemployment benefits aren't retroactive, which means that filing late doesn't earn you all those previous weeks of benefits as a lump-sum payment. In rare instances, you can win retroactive benefit pay from your state unemployment office; the qualifications for this vary by state. For instance, in California, you may be entitled to back pay of benefits if your employer never told you that you were eligible for benefits. The only way you can ask for retroactive benefits is when you file your unemployment claim by phone.

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?

You must have earned at least a minimum amount in wages before you were unemployed. You must be unemployed through no fault of your own, as defined by Alabama law. You must be able and available to work, and you must be actively seeking employment.

What disqualifies NY unemployment?

You have not subsequently worked and earned at least 10 times your weekly benefit rate. A disqualification for the above reasons lasts until you work and earn at least 10 times your weekly benefit rate. Self-employment does not count. You must be out of work again through no fault of your own.

How long do you have to file for unemployment after losing your job in Oregon?

If you want to file a claim, do so as soon as you become unemployed. After you file your claim, there is a one-week waiting period before you can be approved for benefits. The waiting week does not begin until after your claim is filed.

Can you get unemployment if you get fired NJ?

If you were fired or discharged from your job, you may not be eligible for benefits. A claims examiner will determine if there was any misconduct connected to your separation. There are two types of misconduct: misconduct and gross misconduct.