There are many reasons why companies terminate employees’ employment. And sometimes, this might have nothing to do with their performance. That’s why there are unemployment benefit programs for the jobless! Unemployment benefits are in place to ensure that people can continue to pay their bills and feed their families if they are fired, but not on the basis of their performance or fault. If you are fired from your job, you might be eligible for unemployment benefits, depending on the specifics of your situation and the state in which you were employed. The reasons for your termination from work will determine whether or not you are eligible for unemployment benefits. Maybe you reside in Texas, United States, and you’re wondering if unemployment benefits also await people that got fired for reasons other than performance, your clarification is here!
Can Anyone Really Get Fired and Get Unemployment Benefits?
Basically, there is no clear-cut answer. And this is because of the eligibility pattern, which is typically conditional on reasons for an employee’s job termination.
For those who are fired through no fault of their own or as a result of poor performance, unemployment benefits might be a temporary source of income. But an individual may be ineligible for unemployment benefits if they are fired for cause. Nonetheless, things aren’t always black and white. We explain how unemployment works for companies and what influences an employee’s eligibility for benefits if they are fired.
Read Also: TERMINATION FOR CAUSE: Reasons That Could Lead To It
Here’s How Unemployment Work Incase You Get Fired
How does unemployment actually function, to begin with? Obviously, this differs from state to state. But in most cases, you need to have been working for some number of years before you got fired to apply for unemployment benefits.
If you lose your work and want to file for unemployment benefits, you can contact the unemployment office in your state or visit their website. And in order to verify your eligibility, a representative from the agency may then get in touch with you.
Unemployment benefits is a federal-state partnership that helps unemployed people financially as they look for new work. A person’s eligibility for benefits, as well as the amount and length of those benefits, are set by state legislation. And at the same time depend on their income and the number of hours worked during a “base period.”
Cash payments will be made to qualified workers for up to 26 weeks in most states. But only two states provide more than 26 weeks, while nine provide less. Additionally, four states offer extended benefits (EB) programs.
FUTA and SUTA taxes are levied on companies to help fund state and federal unemployment programs. Hence, it is crucial for business owners to understand how the unemployment regulations and how the system works. This is to avoid making any mistakes that could result in higher unemployment insurance taxes.
Who is Eligible for Unemployment Benefits?
The unemployment benefits program is not just available to all people without employment. There are, of course, many regulations governing who is eligible to receive unemployment benefits. But in general, eligibility is determined by the circumstances surrounding the employee’s termination.
A person must be out of work due to circumstances beyond their control in order to qualify. Closings, restructuring, unavailability of work, or furlough, such as that caused by COVID-19, are all examples of eligibility circumstances. In addition, they need to meet employments and wages criteria and also fulfill any state-mandated requirements.
Unemployment payments are not often given to former employees who left their jobs voluntarily. A worker may still be eligible for unemployment benefits if they have “good cause” to quit their jobs. This may be due to unsafe working conditions or harassment. The CARES Act, which took effect in March of 2020, broadened the definition of “good cause” to cover pandemic-related situations, such as the necessity to care for a family member who tested positive for COVID-19. The deadline for those extended benefits had passed on September 6, 2021. But there’s always the chance that things could change again.
Several types of wrongdoing also disqualify a fired worker from receiving unemployment insurance. They may include;
- Theft.
- Numerous unexplained absences
- Lack of sobriety when required or showing up for work under the influence of drugs.
- Infractions of the safety regulations.
- Sexual harassment
- Negatively impacting the work environment and safety of other employees.
Intentional policy violations may also exclude an employee from benefits. However, this will vary based on state certain rules and regulations.
Termination at Will
The vast majority of workers are “at will,” meaning that either they or their employer can end their employment at any time.
To qualify for unemployment benefits in this situation, you must have lost your job through no fault of your own. In other words, you may qualify for unemployment benefits if you were fired due to a lack of qualifications, performance, company cutbacks, or similar circumstances.
Even though unemployment benefits are not typically available to those who quit their job, there are exceptions. The eligibility criteria are different for each state, so it all depends on your state regulations and standard
If You are Fired for a Cause
There’s a high probability that you will not qualify for unemployment benefits if you are fired due to misconduct or for a cause.
Basically, your eligibility will be determined by the laws of your home state. Theft, lying, failing a drug or alcohol test, fabricating documents, wilfully breaching corporate policy or norms, sexual harassment, and other significant activities in relation to your employment are all examples of misconduct. And they can all in a great way affect your eligibility for unemployment should in case you are fired.
Also, you can lose your eligibility for unemployment benefits for things that happened outside of work. This may include, a controversial message on your personal social media account or being convicted of a felony. It all depends on eligibility requirements and standards for unemployment benefits in your state
However, it is critical to understand that there is a big difference between getting fired for any reason and getting terminated for cause. When an employee is “terminated for cause,” it’s because of something they did wrong that warranted a penalty or sanctions. Even though company-wide layoffs qualify as a “cause” for termination, in practice, losing your job during such a round is probably not the same as being dismissed for cause.
After You Have Been Fired
Learn the laws that protect you if your employer fires you. A severance package is something your firm may provide. Check if you are eligible for any other state programs that can help your family out financially while you look for a job.
You should also gather any paperwork associated with your termination, either before you lose your job or right away thereafter.
If your unemployment benefits claim is rejected, you may need to provide supporting evidence. Your proof may be in the form of emails, meeting notes, phone messages, doctor’s notes, etc.
A person who was fired should contact their state’s unemployment office to see whether or not they are eligible for unemployment compensation.
They can help you make sure you have met the minimum earning requirements and stay employed long enough to qualify. They will direct you through the process of applying for unemployment and will detail the benefits you can anticipate receiving, including how much money and for how long.
Can I Still Get Unemployment in Texas if I Quit My Job?
The situation is the same every time: your employer informs you of the difficulties at work and suggests that you resign rather than be let go. If you do this, it will improve your reputation and resume. In that case, what should you do? Most workers are aware that if they quit their job, they lose eligibility for unemployment benefits. However, this, actually is not always the case everywhere. In Texas, if you have the option of being fired or leaving your job and you choose to quit, you are still eligible for unemployment benefits as long as you meet all other requirements and standards. This is as stated by the Texas Workforce Commission.
But how does this actually work and how do you go about it? The first thing you need to know is that if you decide to quit instead of being fired, you will not be disqualified from unemployment benefits. However, not all employers would truthfully report to the Texas Unemployment Commission that you would have been fired had you not resigned. In light of the fact that you may have been terminated instead of asked to quit, it is in your best interest to put your decision to resign in writing. Keep a copy of this written statement for your records. Sending an email to your employer in this fashion with a blind copy of your personal email is an excellent approach to demonstrate that your resignation is genuine.
What reasons Can You Quit a Job and Still Get Unemployment in Texas?
So, what do you do if you’re fed up with your treatment at work and you really want to quit? That’s a trickier circumstance, but you still need to apply for unemployment benefits. The Texas Workforce Commission acknowledges the idea of “constructive discharge,” in which your departure is justified due to unacceptable working conditions.
However, if you’re here, try and document that they complained about the poor working conditions, but nothing was done to improve them. In all cases, this must be communicated in writing and with proper decorum. Keep a record of your concerns and submit it to your employer. A normal employee would not put up with anything, but if it has to do with their work schedule or salary, you have a better chance of winning your claim.
Many companies take pride in the fact that they have never had to pay out on an employee’s unemployment claim because they make the job so intolerable that workers simply quit. It’s crucial that you provide proof of this to your employer before submitting your resignation. A simple email stating, “I know you have indicated in the past that you never pay unemployment claims because you know how to “run-off” employees” will suffice. Obviously, you shouldn’t put anything in writing unless it’s the honest truth. Still, it is vital that you document the situation and offer your employer a chance to fix it.
Employees who quit their job in Texas and then petition for unemployment benefits typically lose the original determination but have a much better chance of success in the appeals process (by telephone hearing).
Conclusion
While eligibility requirements for unemployment benefits can vary by state, in most cases, you must have been working prior to losing your job in order to receive them.
In order to maintain your unemployment benefits after you’re fired, you must file a claim and show performance that you are actively seeking employment on a regular basis. Whether you get a job or not, your benefits will end soon. While the federal government and several states have reduced the length of time that unemployed people can collect benefits, the normal duration is 26 weeks, and both can be extended in times of economic hardship.
IF I GET FIRED CAN I GET UNEMPLOYMENT FAQs
How do you apply for unemployment benefits?
Basically, you can file for your unemployment benefits through online applications after a layoff or termination.
It’s best to submit your claim as soon as possible so that a decision on your eligibility can be made as soon as possible.
How do you file an appeal?
If your employer denies or disrupts your claim you have the right to file an appeal with the state unemployment agency.
Gather any and all supporting paperwork for your claim so that you have it on hand in the event that you need to file an appeal.
Getting fire or quiting, which one is better?
If you quit instead of being fired, you can avoid explaining your dismissal to potential employers. When you submit your resignation, you have the opportunity to present your decision to leave in a positive light.
On the other hand, there are advantages to being let go. For performance or qualify for unemployment benefits, you must first have been fired.
Related Articles
- TERMINATION FOR CAUSE: Reasons That Could Lead To It
- SEASONAL UNEMPLOYMENT: Detailed Overview & Europe Practices
- What happens to 401k when you quit: Best 2023 Practices (Updated)
- UNEMPLOYMENT TAX FUND: Compensation, Overview & All You Need To Know
- TORT LAW: Definition, Example, And Types
Reference
