Can you qualify for unemployment if you terminated or resign? (unemployment benefits, employer)

[Texas User]

Or is it only for layoffs?

[taurus430]

If you resigned, no. If you quit because of discrimination or harassment, possibly.

[sweethearttx]

You can get them if you were terminated only if it is proven that your termination was not for gross misconduct. If you resigned, you would have to prove that the work environment was a threat to your health, well-being, etc. Getting unemployment when you quit is very difficult.

[mickey65]

With the way things are right now, it is REALLY hard to get UI unless you were laid off. States are tightening their belts when it comes to their UI funds.

I was fired from my last job in June here in Texas and even had some proof to back up the fact my boss had lied and after two appeals, I didn't get it. But then again I've heard Texas is pretty strict on who gets it anyway.

I know if there wasn't a recession right now, I would have gotten it. I did NOT commit "gross misconduct" to get fired - just made a couple of work-related mistakes.

[JS1]

the purpose of UI is to replace income lost due to termination of employment for economic reasons; anything else is a gray area and you will probably lose

[NJDevil]

sweetheart is right, I was terminated and got unemployment because what I did "wrong" was not intentional and I didn't even realize I had violated a policy.

[LoveBoating]

It all depends on why you resigned or was terminated. There have been cases in which both, resign and termination, where people were able to get Unemployment Benefits. If you can provide good enough reasons for resigning or good enough reasons that you shouldn't have been terminated, you can get Unemployment. But, ultimately it is up to the State.

[7 Wishes]

Originally Posted by NJDevil

sweetheart is right, I was terminated and got unemployment because what I did "wrong" was not intentional and I didn't even realize I had violated a policy.

Ditto how my wife's latest UI claim resulted. But her ex-employer did 2 appeals/hearings in the first 26 weeks so it wasn't easy (ironically what one it for her in the end is they never showed up to the 2nd hearing).

[Texas User]

Originally Posted by mickey65

With the way things are right now, it is REALLY hard to get UI unless you were laid off. States are tightening their belts when it comes to their UI funds.

I was fired from my last job in June here in Texas and even had some proof to back up the fact my boss had lied and after two appeals, I didn't get it. But then again I've heard Texas is pretty strict on who gets it anyway.

I know if there wasn't a recession right now, I would have gotten it. I did NOT commit "gross misconduct" to get fired - just made a couple of work-related mistakes.

Would getting a lawyer would have helped?

[mickey65]

Originally Posted by Texas User

Would getting a lawyer would have helped?

Couldn't afford one. I got some help online from a few people, but like I said, Texas is hard-nose when it comes to appeals. If you pay attention to the news out here MOST of the time even the judicial court of appeals never overturn - it's the same with the UI court of appeals here. It's a lost cause - JMO.