Can I Collect Unemployment If I Get Fired?
Being fired does not automatically make you ineligible for employment insurance. Eligibility for employment insurance is based on two factors: the reason your employment came to an end and how long you have worked with the employer.
Reason Your Employment Came to an End
You can collect unemployment, even if you were fired, as long as you were not fired for misconduct. Misconduct is usually an act done intentionally. For example:
- Deliberately not following instructions/disobeying orders from the employer
- Stealing office property
- Being persistently late for work after being warned
- Destroying company property on purpose
- Threatening or violent behaviour
Note that the misconduct does not have to occur during work hours if you are terminated because of it.
If you were wrongfully dismissed you should contact our firm as soon as possible or you might lose your ability to receive EI.
Acts that will generally not constitute misconduct are:
- Incompetence
- Unsatisfactory work
- Inability to perform certain jobs; or
- Inexperience.
Note that if any of the above were done deliberately, it could be classified as misconduct. For example, deliberately performing unsatisfactory work because you dislike your manager.
How Long You Have Worked
In order to qualify for EI benefits, you must have worked between 420 and 700 insurable hours within the last 52 weeks. The exact calculation depends on the area of Ontario in which you reside and is done by the Government of Canada.
Can you Collect EI if you are Terminated with Cause?
No, if you were terminated with cause, this would most likely qualify as misconduct if don’t intentionally. Thus, you will not be entitled to EI. If you believe you were wrongfully terminated, please contact our firm.
Can you Collect EI if you are Terminated without Cause?
If you were terminated without cause, and are able to work but cannot find work, you may be entitled to employment insurance benefits. Your eligibility to obtain EI is based on:
- If you were employed by an insurable employer,
- The actual reason you were terminated (for instance, what has been recorded by your employer) was of no fault of your own,
- You have been without work and pay for at least seven consecutive days in the last 52 weeks; and
- If you have worked the required number of insurable hours in the last 52 weeks or since the start of your last EI claim (whichever is shorter).
Can I Collect EI If I Quit?
If you have quit your job for a valid reason, you can still be entitled to EI benefits. Examples of valid reasons to quit and still receive EI benefits are:
- If you have experienced discrimination
- If you have experienced harassment
- If your working conditions were unsafe and dangerous to your health or safety
- If you must move to another province to be with your spouse of child
- If you were hired for another job that ended up falling through
- If your salary was reduced significantly
If you have experienced discrimination and harassment, you may have a complaint under the Ontario Human Rights Code and should contact our firm. Additionally, if your salary was reduced significantly, you could have a claim for constructive dismissal and wrongful dismissal. If this has happened to you, please contact our firm to get the damages you deserve!
The sudden loss of a job can be devastating. The income of the job is gone but bills still must be paid. Unemployment benefits can help you get by until you find a new job. This article answers common questions about qualifying for unemployment benefits.
Where do I apply for Unemployment Benefits?
You can apply for benefits at the closest Iowa Workforce Develpment (IWD) office or online at www.iowaworkforce.org.
I did not work very long for my employer. Can I still get unemployment benefits?
You might be able to get benefits. IWD will look at your wages from your last job and your prior jobs to see if you qualify.
Can I get unemployment benefits if I quit my job?
Most of the time, you cannot get unemployment benefits if you quit your job. But there are exceptions. If you have a good reason for quitting your job, you may be eligible for unemployment benefits.
For example, if your employer made major changes to your job, you may be eligible for benefits. This could include changes in:
- The hours or shifts you work;
- How much you get paid;
- Where you work;
- The type of work you do.
It is also a good reason to quit if your job becomes unsafe. Poor working conditions can be a good reason to quit. Illegal, harmful or intolerable conditions are examples of poor working conditions.
If you quit instead of exercising a right to bump or oust a fellow employee with less seniority, that can be a good reason.
Being forced to quit for health reasons can be a good reason. Also, quitting to care for an immediate family member with health problems can be a good reason. You must give medical documentation of the health problems to your employer as soon as possible. You should give it before you quit. If you or your family member recovers, you must tell your employer right away that you are ready to return. If you are recovering from your own health problems, you will need to provide your employer with a note from your doctor that you have recovered enough to return to work. If your regular work is not available when you offer to return to work, you may be eligible for benefits.
Many times an employee will be eligible for unemployment benefits even though he or she quit. This article cannot cover all of the situations where you might be eligible for benefits even though you quit your job. If you have any question about whether you still might be eligible for benefits, even though you quit, you should apply for benefits.
I am not sure whether I quit my job or I was fired.
Sometimes it is not clear whether you quit your job or you were fired. You should apply for unemployment benefits if you are not sure. Your employer may try to stop you from getting benefits by saying you quit, even if you were actually fired. You then have to show you did not quit your job.
Communicating with your employer can clear up whether you quit or were fired. If you have a confrontation with your employer, you should clearly state to your employer that you are not quitting your job. You should tell your employer you are not leaving unless the employer is firing you or suspending you. Take a witness to the meeting, so that your employer will not later try to claim that you quit and were not fired. Before leaving, you could even request that the employer put in writing the fact that you are being fired rather than quitting.
Keep in mind that often employees and employers argue when a job ends. If your employer calls security or the police, cooperate fully. However, make it clear in the presence of security and the police that you are leaving because you are being fired, not because you are quitting. If your employer decides to suspend you rather than fire you, you should report back to work when the suspension ends. If the suspension is for a week or more, you should apply for unemployment benefits.
Will I get unemployment benefits if I was fired?
Maybe. You will qualify for benefits unless the employer shows that you were fired for "misconduct." "Misconduct" is bad behavior. Misconduct must be deliberate. It can be something you did. It can be something you did not do that you were supposed to do. It must be harmful to the employer. If you were fired for misconduct, you cannot get unemployment benefits.
Many employees are fired for things that are not misconduct. They will get unemployment benefits. Examples of things that are
misconduct include:
- Making an honest mistake;
- Having a "good faith" error in judgment; or
- Just not being very good at the job.
In general, these situations are not misconduct and you can get unemployment benefits. Also, you cannot be denied unemployment benefits if your employer waits a long time after your bad behavior before you are fired for it. Many people are fired and get unemployment benefits. This means you should still apply for unemployment benefits even if you are fired.
Do I have to keep looking for work?
In order to receive benefits, you must be able and available for work. You must also make a minimum of two job contacts each week. The job contacts are required, even if you lost your initial claim. You must meet the work search requirement while your appeal is pending. If you fail to do this, you may not receive benefits. This work search requirement may be waived by IWD if you are temporarily unemployed and expect to go back to work for your employer within a reasonable period of time.
Job contacts may be made in person, online, by mail or faxing resumes or applications. Telephone calls alone are not acceptable. The work search must be a reasonable and honest effort to find suitable work. You must be willing to accept a reasonable wage for the job for which you are applying.
Helping low-income Iowans maintain household income is a priority for Iowa Legal Aid. This includes assisting clients who have legal problems with unemployment benefits, including filing appeals..
If you are having problems, you may wish to call Iowa Legal Aid.
Iowa Legal Aid provides help to low-income Iowans.
To apply for help from Iowa Legal Aid:call 800-532-1275.
Iowans age 60 and over, call 800-992-8161 or
If Iowa Legal Aid cannot help, look for an attorney on “Find A Lawyer” on the Iowa State Bar Association website iowabar.org. A private attorney there can talk with you for a fee of $25 for 30 minutes of legal advice.
*As you read this information, remember this article is not a substitute for legal advice.