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Can you be denied unemployment?

3K views 9 replies 5 participants last post by  jen5276 
#1 ·
I have a sinking feeling I am going to be let go from my job. Despite my best efforts here, I just don't feel that this job is a good match for me and it is a toxic environment, to be honest.

I have been here since March of 2008.

For those of you who have knowledge about unemployment, are there any reasons you can be denied unemployment? Like if my boss decided to be a jerk and say I wasn't peforming up to his standards (which would be hard to believe since I have been here 2 years, so I would have been let go a while ago if that was the case)?

I don't think he would do that but you just never know and I want to get myself prepared for the inevitable.

I did some research and it seems you can only be denied for "willful misconduct" such as stealing, excessive absenteeism, etc.

I have taken maybe a total of 7 sick days my whole time working here.

Any info would be helpful...thanks.
 
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#2 ·
I am not sure about NY law but in PA you will definitely be denied if you quit so don't do that no matter how bad the environment is. If you get downsized or laid off due to business conditions you will definitely get unemployment. If for some reason the company did try to block your unemployment due to a willful misconduct and the unemployment office sides with your employer then you need to appeal the decision and get a hearing scheduled so you can tell your side of the story. At the hearing you will tell your side of the story and the employer gets to tell theirs. It does have to be something really bad to be considered a willful misconduct. Examples would be violence in the workplace, harassment, refusing a direct order of a supervisor. Being what the employer calls a poor performing employee is not a misconduct. If you have any more questions feel free to PM me, I am in human resources and deal with this stuff.
 
#3 ·
^ I live in PA too and everything Jess said is correct except you CAN get unemployment in certain situations if you quit. I have quit a job before because I was being sexually harassed and I was able to get unemployment until I found another job. If you are in a hostile work environment you have the right to leave and receive unemployment but you have to document everything and you have to report the abuse to a supervisor. In my case I documented everything and my supervisor watched all of it happen and never said anything. It was happening to other employees too. I had to quit, I just couldn't stand it anymore...it made me sick to go there everyday.
 
#4 ·
I also quit my job in TN because my co-worker/baby-daddy (lovely term) told another employee that he was going to cut the brake lines in my car if I didn't have an abortion, and after being notified, the management did not fire him. When I initially filed for unemployment, I was denied because I didn't see any "explanation of why you quit" section. :IDK But I appealed and they ruled in my favor. But if they fire you, I definitely don't think there's any way they can try to block you unemployment benefits unless, like Jess said, you have some serious misconduct. Good luck!
 
#5 ·
I live in NY and am currently on unemployment. I believe as long as you are not out and out fired and you don't quit you can not be denied. They just updated their webpage and made it really easy to follow. Here ya go!

Home - NYS Department of Labor (Click on Unemployment Assistance.) You will have to go down to the office every 9 weeks or so with proof of job search but other than that he file online once a week and it will direct deposit. It's not as terrible as it seems on the site.
 
#8 ·
Thanks so much! Have you been on unemployment long? I swear, a friend of mine has been on unemployment since September of 2007 here in NY....It's unreal how long you are able to collect, but it is a good thing, being that the job market is total crap right now.
 
#9 ·
My last day of work was October 23, 2009. Once I hit the 6 month mark I will have to file for an extension, but they are almost always granted so I am not worried. I am a graphic designer so the market is funny for that now. What do you do? (Oh and I live on Long Island.)
 
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