Can I Still Receive Unemployment Compensation If I Was Fired For Willful Misconduct?
If you were terminated by your employer for willful misconduct, you can still be eligible for unemployment benefits. Willful misconduct unemployment is a context-specific inquiry, where the details and specifics of each situation will be important. Therefore, consider contacting an unemployment attorney because he or she will know if you have a viable case.
What arguments do employers use against willful misconduct unemployment?
Employers try to fight an application for unemployment compensation with further evidence of willful misconduct. An employer will use work history, coworker statements, and more to try to prove willful misconduct. In fact, employers often use the following examples as evidence of willful misconduct.
- work absence
- rule violations
- disruptive attitudes
- damaged company property
- unsatisfactory performance
- failure to take or pass a drug test
However, these areas should not be examined in a vacuum. To demonstrate that you are ineligible due to willful misconduct, the employer has to illustrate that your actions showed a blatant disregard for their interests. Additionally, your employer needs to show that your motive was universal and uniformly applied to intentionally violate rules. Therefore, while you may technically fall into one of the above categories, you may still be eligible for unemployment benefits if your conduct was not awful enough to justify your employer’s actions.
Should I Even Try For Willful Misconduct Unemployment?
Yes, why not? If you are able to dispute any of the employer’s argument or show that your conduct doesn’t warrant loss of unemployment, you are still eligible for willful misconduct unemployment benefits. Do not simply assume that you are ineligible because you are unsure if you fall into one of the categories above.
Furthermore, contact an unemployment attorney about your willful misconduct unemployment claim because he or she can offer an objective and outside perspective on your claim. We can help you formulate the best position to take, help counter your former employer’s claims and embellishments, and ensure that you do not lose out on your benefits, simply because you are unsure about your willful misconduct unemployment claim.