Unemployment Insurance: Employee is Fired 

Employees who were fired can claim unemployment compensation benefits if they were terminated for reasons other than their own misconduct. For example, if an employee was terminated because the company was experiencing financial difficulty and had to reduce the size of the workforce, then that employee is entitled to unemployment compensation. A fired employee may also be eligible for unemployment benefits if the employer had good cause to terminate him or her, but the infractions were minor or the misconduct was unintentional. In other words, not all actions that result in termination are serious enough to qualify as misconduct so as to result in a denial of unemployment compensation benefits.

Stages of an Unemployment Compensation Claim 

While there are variations from state to state, a typical unemployment compensation claim proceeds as follows: 

1. The claim is filed.
2. The state agency makes an initial determination as to whether the former employee is eligible to receive unemployment benefits.
3. If there is a dispute, the employee and employer will submit relevant forms and documents. 
4. If the matter still is unresolved, a referee conducts a hearing where both the employer and the former employee may call witnesses to support their positions.
5. If either party disagrees with the referee's decision, they can appeal it to an administrative agency.
6. If the employer or former employee disagrees with a board of review's decision, they can appeal it to the state court system.  

Legal Help with Unemployment Insurance Issues 

Employees who have been laid off, wrongfully discharged, or forced to leave employment for a compelling reason are entitled to receive unemployment compensation benefits. If you have questions about your rights under your state's unemployment compensation system, contact an experienced employee rights attorney near you.