Can i get unemployment if i get fired for attendance texas

Many people think that people who are fired from their jobs, instead of being laid off, are automatically disqualified from receiving unemployment benefits. State laws actually vary on this issue, and many people who are fired remain eligible for unemployment benefits while they look for other work.

Qualifying for Unemployment

The only people eligible for unemployment benefits are those who lost their jobs through no fault of their own. This means that while people who are laid off from their work because of staff reductions typically have no trouble qualifying for unemployment benefits, people who are fired because of their own behavior have a more difficult time collecting unemployment insurance.

It is the state unemployment agency that decides whether you are entitled to unemployment benefits, not your former employer. In many states, people who are fired for a reason, such as tardiness, absenteeism or incompetency, can still collect benefits. The best way to find out whether you are entitled to unemployment insurance is to file a claim.

Reason for Termination

A caseworker for your state's unemployment department will look at the reason why you were fired while determining whether you can get benefits. If you were fired because you were unable to do the job, but didn't disobey work rules or commit theft or fraud, there is a good chance that you can collect unemployment. Instead, caseworkers often look for evidence of misconduct and an unemployment agency may have a very different definition of "misconduct" than your employer.

In California, for example, being tardy to work once may be enough to get you fired by your employer, but you may still qualify for benefits unless your employer can show that the company suffered serious consequences as a result of your being tardy, according to the California Employment Development Department. In Connecticut, an employee who is fired for absenteeism must have been absent without excuse from work three time in a 12-month period to be declared ineligible for unemployment, according to the Connecticut Department of Labor.

Unemployment Investigations

When you file for benefits and report that your previous employer fired you, your state unemployment office will usually open an investigation into your case. You will either receive a phone call or letter informing you of the investigation and telling you what to do next. In many cases, you'll have to undergo an interview by an unemployment caseworker so that you can provide your side of the story. The caseworker will also contact your former employer to find out why you were fired and will make a decision based on the testimony of both parties, as well as state policy.

Filing an Appeal

If the unemployment agency refuses to approve your application on the grounds that your employer fired you, you have the option of filing an appeal. The appeals process varies by state, but usually begins with the unemployment agency reviewing your claim or via a hearing conducted by an administrative law judge. Some states provide limited legal assistance to individuals who are appealing unemployment claims, so ask about these services. If your state doesn't provide legal help, your local Legal Aid Society may be able to help you, as can a private employment attorney.

Time Frame for Benefits

It can take several weeks, sometimes longer, to process an unemployment claim when there is a question about whether a claimant is eligible to receive unemployment compensation. Be prepared to have to spend this time without any additional income while you are waiting on the processing of your claim or appeal. Follow your state's instructions for certifying for benefits while your claim is under review or appeal: If you don't log into your state's system to claim benefits, you may have difficulty claiming back benefits if your state eventually approves your benefit claim, according to the Colorado Department of Labor and Employment.

As the title states, is there a way that I can receive unemployment if I am being let go? I’ve noticed my supervisor has recently wrote me up twice for petty reasons. However, in both writes up I was warn that coming in late was part of the write up. ( I come in late about 3-5 mins) Earlier today we discussed a project that we worked on and he printed something via Microsoft word and I happen to see that the recent file on his word was titled “my name* 3 write up”. This confirmed to me that they’re getting ready to fire me at any moment. For the most part I have came in time. Most of the employees come in late. However, it bothers me that they only apply it to me. My supervisor comes in late every single morning and he’s an hourly wage worker just like me. Can I use this as an argument if I get fired when I file for unemployment? Or would that be enough for unemployment to disqualify me? I’m currently in my junior year of university so losing my job will hurt me when it comes to tuition payments.

Having unemployment will help me out while I look for another job. My tuition is is almost a mortgage payment. I’ve been worried since I’ve never had this type of issue within an employer. If anyone can give me any input I would greatly appreciated. Thank you in advance!

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