Can You Get Unemployment Benefits If You Were Fired?

Unemployment benefits are meant to help people who lose their jobs through no fault of their own. But it isn't always clear whether the worker was truly to blame. If you've been fired, your eligibility for benefits will depend on the circumstances of your firing and on your state's specific rules.

In many cases, workers who are let go for performance issues or because they weren't the right fit can still collect benefits. But employees who were fired for serious or intentional misconduct might not qualify, at least for a time. Understanding how unemployment agencies draw the line between poor performance and misconduct can help you know what to expect when you file your claim.

Understanding Unemployment Eligibility After Being Fired

Unemployment insurance is designed to provide temporary income to people who are out of work involuntarily. Every state runs its own unemployment insurance (UI) program, though all follow similar federal guidelines.

In general, you're eligible for benefits if you:

• lost your job through no fault of your own, and
• earned enough wages during your base period (usually the first four out of the last five completed calendar quarters).

If you were fired, the unemployment agency will look closely at why. Being fired for simple mistakes or poor performance is very different from being fired for intentional misconduct.

What Counts as Misconduct for Unemployment Purposes?

Each state defines "misconduct" somewhat differently, but most use a similar standard: misconduct means behavior that shows a willful or reckless disregard for your employer's interests.

In other words, the conduct must be more than accidental or negligent; it must be deliberate or show extreme carelessness. Examples include theft, insubordination, or refusing to follow important safety rules.

By contrast, being fired for not meeting performance expectations or making occasional errors usually won't disqualify you.

Types of Misconduct That Can Disqualify You

Here are some common reasons people lose unemployment eligibility after being fired:

• Failing a drug or alcohol test. Most states disqualify workers fired for failing or refusing a lawful drug or alcohol test.
• Theft or dishonesty. Stealing from your employer or falsifying records is almost always considered misconduct.
• Criminal activity related to your job. Assaulting a coworker, destroying company property, or driving under the influence while on company business are all likely to result in disqualification.
• Serious safety violations. Repeatedly ignoring safety rules or endangering coworkers will likely bar you from benefits.

Example 1

Angela worked as a warehouse forklift operator. After several warnings about reckless driving, she damaged company property while racing another worker. Because her conduct was reckless and intentional, the state deemed it misconduct, and she was denied unemployment benefits.

Example 2

Carlos, an office employee, was fired after his supervisor decided his typing speed wasn't fast enough. Because his termination was based on poor performance rather than intentional wrongdoing, he qualified for unemployment.

Misconduct vs. Poor Performance

Many workers mistakenly assume that being fired automatically disqualifies them from unemployment. In reality, most terminations for performance reasons are not misconduct.

If you were trying to do your job but couldn't meet expectations, or you simply weren't the right fit, you'll likely qualify. The difference lies in intent. Were you trying but failing, or deliberately breaking rules?

If you were fired for a one-time mistake or misunderstanding, you can explain that when you file your claim. State agencies often err on the side of granting benefits if the evidence shows a good-faith effort.

Temporary Disqualification Periods

Even if your firing counts as misconduct, the disqualification might not last forever. In many states, the disqualification applies only for a set period—often from four to 26 weeks—depending on how serious the misconduct was. After that, you can reapply.

Some states, however, impose a total disqualification for misconduct until you earn new wages. In those states, you must find another job, work long enough to meet your state's earnings or tenure requirements, and then lose that job through no fault of your own before becoming eligible again.

Appealing an Unemployment Denial

If your claim is denied because of alleged misconduct, you have the right to appeal. Each state has its own process, but typically you must file your appeal quickly, often within 10 to 30 days of receiving the denial.

At the appeal hearing, you and your employer will each have the chance to present evidence. Bringing documents such as your termination letter, performance reviews, or witness statements can help show that you didn't act intentionally or recklessly.

If you win the appeal, you may receive benefits retroactively for the weeks you were unemployed.

The Role of Your Employer's Evidence

Employers have an incentive to contest unemployment claims because their tax rates can rise when former employees collect benefits. However, the employer must usually prove that you were fired for misconduct. If the employer can't provide solid evidence, such as written warnings or reports of rule violations, the state agency might side with you.

For example, if your employer fired you for "poor attitude" but can't show that you violated any specific policy, the agency will probably find that you're eligible.

How Long Do Unemployment Benefits Last?

Most states provide up to 26 weeks of benefits, though the exact duration and amounts vary. Some states offer extensions during periods of high unemployment. The weekly benefit is usually based on a percentage of your past earnings, subject to a maximum amount.

You must continue to meet weekly requirements, such as actively seeking work and being available for suitable jobs, to keep receiving benefits.

Finding State-Specific Information

Because rules differ by state, always check with your state unemployment insurance agency. You can find links and contact information at the U.S. Department of Labor's CareerOneStop site.

These agencies can explain what counts as misconduct in your state and how to you appeal if your claim was denied.

When an Employment Lawyer Can Help

An employment lawyer can be helpful if your employer is contesting your claim or accusing you of misconduct that you believe is unfair or untrue. A lawyer can review your termination documents, gather evidence, and represent you at your unemployment appeal hearing to help prove that your actions didn't meet the legal definition of misconduct.

A lawyer may also be useful if your firing involved possible discrimination, retaliation, or violations of public policy. In that case, your lawyer can explain whether you also have grounds for a wrongful termination claim.

FAQs: Collecting Unemployment After Being Fired

Can I get unemployment if I was fired for being late?

It depends. If you were occasionally late due to unavoidable circumstances, you may still qualify. But repeated tardiness after warnings could be considered misconduct.

What if I was fired for not meeting performance goals?

Usually you'll qualify. States rarely consider poor performance to be misconduct unless you deliberately refused to do your job or ignored clear instructions.

Can my employer stop me from getting unemployment benefits?

Your employer can contest your claim, but the final decision is made by the state agency, not your employer.

How long do I have to wait to get benefits after being fired?

If you're approved, most states have a one-week waiting period before benefits start. If you're disqualified for misconduct, the waiting period lasts until the penalty ends.

What if my employer says I quit but I was actually fired?

Explain this clearly on your claim form. The agency will investigate who ended the job. If you can show you were let go, you may still qualify.

Can I appeal if my unemployment claim is denied?

Yes. Every state allows appeals, and many people win on appeal by presenting evidence that they didn't commit misconduct.

Do I need a lawyer for my unemployment appeal?

You don't have to hire one, but an employment lawyer or legal aid office can help you prepare evidence and represent you at the hearing.

Will my benefits be reduced if I find part-time work?

Yes, but only partially. Most states reduce your benefits by part of your new earnings, so working part-time may still make sense.

What if I was fired for using marijuana off-duty?

It depends on your state's marijuana laws and your employer's policy. Some states protect off-duty use; others allow employers to fire workers who test positive.

Can I collect unemployment if I was fired during a probationary period?

Yes, as long as you weren't fired for misconduct. Being let go early because you weren't a good fit generally won't disqualify you.