Unemployment (unemployment benefits, tax, office)

[deblescon01]

My son worked for a company for over a year and was fired 1/7/12 for a rule violation and has been denied unemployment benefits. He than got another job full-time under a 1099 tax form and worked their about 4 weeks and was laid off due to lack of work, my question is can he receive unemployment benefits from his first job that he was fired from for the rule violation?

[marktheshark]

He can apply for u/c and see what they determine. Since he worked since his dismissal, he may be eligible again. I don't know if there is a financial threshold like there is with a voluntary quit.

[2nd trick op]

There are two issues here.

The first is whether your son was "terminated for cause". As a general rule, unless the separation was for either willful misconduct or derilection of duty, the separated employee still qualifies. Burden of proof rests mostly with the employer, and the employer can substantiate it with evidence such as writen warnings or policies, etc.

But even if an emplyee is disqualified from benefits, he/she can be reinstated once a (pre-tax) amount equal to six times the weekly benefit otherwise allowed is earned. OBviously, a weekly benefit rate would have to be determined before this standard could be applied.

[deblescon01]

My son was fired for will misconduct back in January, I thought if he found another full-time job and if he got laid of due to lack of work he could collect his benefits from the employeer that fried him back in January. He work for the new company for 4 weeks

[deblescon01]

Originally Posted by marktheshark

He can apply for u/c and see what they determine. Since he worked since his dismissal, he may be eligible again. I don't know if there is a financial threshold like there is with a voluntary quit.

The unemployment told he was still not elgible because he was fired for a rule violation causing willful misconduct, your thoughts?

[marktheshark]

The first firing is history now, as the u/c people ruled on it. The question is when he can become eligible again. 2nd trick op pretty much answered that, your son would have to earn 6 times the benefit rate to repply.My guess would be the rate he was given back in January when he first applied. By now, it should be too late to appeal any decision from back then.

The u/c office would be able to answer whatever questions you have with alot better information.