In a previous blog entry, we discussed the criteria that must be met in order to be eligible to receive
unemployment benefits. Each element will now be discussed in more detail throughout several
following articles.
The first criterion is that your job loss must be through no fault of your own. This means that you cannot
quit for personal reasons (i.e. because you simply do not get along with your boss and/or coworkers).
You also must not have been involved in any malicious misconduct that you purposefully engaged in,
despite knowing it could get you fired. A profanity laden tirade aimed at supervisors, co-workers or
customers is an example of malicious misconduct.
Although you cannot quit for personal reasons, if the working conditions are so poor that no reasonable
person would continue to remain employed, you can quit and still receive benefits. This is called
“constructive discharge.” Examples would be if you are being sexually harassed, discriminated against,
or retaliated against at work. Bear in mind that the conditions must be severe or pervasive and not
simply a one-time incident, unless it is particularly egregious.
Finally, poor performance as an employee does not exclude you from being eligible to receive
unemployment benefits, unless the employer can demonstrate that you were purposefully
under-performing.
Once again, it costs you nothing to apply for unemployment benefits, so if you feel you are entitled to
receive them, there is no reason not to apply. In the event you are denied benefits, but you meet all of
the criteria, you might consider seeking the assistance of a law firm, such as Wilson McCoy, P.A. that will
help in securing your benefits for you.