My Employer Lied About Why I Was Fired. Can I Still Get Unemployment?

Unemployment claims can be expensive for employers, who have to pay higher rates of tax if too many claims are approved. That means employers have an incentive to contest even legitimate claims. One way they do this is to claim that you committed misconduct that makes you ineligible for unemployment benefits.

Here's what you need to know if this happens to you.

Unemployment Eligibility Basics

Unemployment benefits are available to people who are out of work through no fault of their own. Generally, as long as you have met your state's minimum earning requirements to qualify for unemployment, you'll be able to collect benefits if you are laid off or lose your job in a reduction-in-force or a downsizing.

If you are fired, you will still be able to collect benefits unless you were terminated for misconduct.

Unemployment Benefits: How Is Misconduct Defined?

Each state has its own definition of misconduct. Some allow workers to collect benefits unless they were fired for extremely serious actions, such as breaking the law or intentionally violating a duty to their employer.

Other states disqualify workers for more minor offenses, such as violating an employer policy, as long as they were aware of the policy and the employer enforced it consistently.

In most states, however, you will not be disqualified for performance problems, for being a "poor fit," or for not having the skills or abilities required to do the job.

Typically, state unemployment offices will assume that an employee who was fired is eligible for benefits, unless the employer shows that the employee should be disqualified.

So, you will likely be eligible for benefits unless your employer takes the time and effort to show that you were guilty of misconduct -- and the unemployment office buys it.

Proving Your Case and Appealing a Denial

If your employer decides to contest your claim for benefits, you will have a chance to give your side of the story. Of course, the more hard evidence you can provide in your favor—performance reviews, emails, statements from coworkers and supervisors—the better.

And, if you lose the first round, you will have an opportunity to file an appeal.

Additional Resources

To find out more about how your state defines misconduct, as well as the process for filing for benefits and appealing a denial of benefits, contact your state's unemployment office. You can find a list of links at State Unemployment Agencies.

When to Contact an Attorney

If your employer is disputing your unemployment claim, or your claim has been denied, it's a good idea to consult an experienced attorney for advice. An attorney can help you negotiate with your employer or appeal a denial of unemployment benefits.