Can You Receive Unemployment After Being Fired for Violating a Company Policy?

Being fired from a job can be a stressful and often controversial experience, especially if the reason for termination is connected with violating a company policy. However, can you still receive unemployment benefits in such a situation? Let's explore the common scenarios and clarify the eligibility for unemployment benefits.

Understanding 'Fired for Cause'

To start with, 'fired for cause' refers to being terminated due to misconduct or serious mistakes related to job performance. In these cases, employees typically do not qualify for unemployment benefits. The rationale behind this is that the termination was for something the employee did wrong, such as sexual harassment, chronic tardiness, or absenteeism. The employer is not required to provide benefits to employees who were terminated for misconduct.

Evidence and Objector’s Arguments

There are exceptions, however. If an employee believes they were wrongfully terminated and can provide evidence and witnesses to support their claim, they can apply for unemployment benefits. In this case, the employer can still object to the application, arguing that the termination was for cause. The final decision is made by unemployment office adjudicators based on the evidence.

Examples of Unclear Situations

Situations can be complicated, and it's always worth filing for unemployment and allowing the adjudicators to investigate. For instance, consider the case of a food worker who was fired for taking a pie home, which was put on the counter to serve students. This situation was scrutinized by an adjudicator who asked questions to the school system about board of health laws, ultimately concluding that the pie could not be destroyed and thus the worker’s termination was unnecessary.

Specific Situations and Determinations

Benefits are generally intended for workers who have been laid off due to circumstances beyond their control. For example, an employee who was fired for failing to meet certification requirements or for not being able to meet the expectations of the job, it would likely be considered the employee's fault and they would not receive benefits.

Here are a couple of real-life examples:

Example 1: Social Worker and Certification

When my wife was hired as a social worker, there was an agreement that she would become state-certified by the end of her first year. After a year, she was still not certified and thus terminated from her position. Although she felt it was her employer's responsibility for not providing the necessary support, the reality is that she was fired due to her own fault. The certification requirement was a job requirement, and she did not meet that requirement.

Example 2: State Certification and Unemployment Benefits

In another case, an employee was fired after failing to complete state certification by the end of their first year. In this situation, she waited 12 weeks before receiving unemployment benefits. While frustrating, it underscores the fact that if an employee fails to meet job-specific requirements, they may not be eligible for unemployment benefits.

It's important to note that these cases highlight the employer's responsibility to ensure that employees are aware of their job responsibilities and expectations. Employers must provide necessary training and support to help employees meet these requirements. However, if an employee fails to meet those requirements due to their own negligence, they may not be eligible for unemployment benefits.

As the legal landscape is complex and constantly evolving, it's advisable to consult with a legal professional for specific guidance in your situation. Always keep detailed records of your job responsibilities, performance reviews, and any documentation related to your employment relationship.

In conclusion, while many factors can influence eligibility for unemployment benefits, the clear violation of company policies or misconduct typically disqualifies an employee from receiving benefits. It's in the best interest of both employers and employees to maintain clear communication and transparent expectations in the workplace to avoid such situations.