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Can you get unemployment insurance after being fired in the US?

by Greg W Huffman

Created on: August 01, 2010

Filing for unemployment benefits can be like playing a game of hide and seek with Jimmy Hoffa - you never win.  In today's economy, filing for unemployment benefits has become commonplace for many Americans.  Some people think that receiving benefits is their right, since they paid unemployment income taxes. 

The reality is that filing for benefits can be a long, arduous journey - especially if you were fired from your job.  In some states, you can receive benefits even if you were fired.

My girlfriend and I live in Pennsylvania.  She was fired from her job after being hospitalized and missed two days of work.  Her boss fired her for being "undependable".  Her job did not provide paid vacation, so what was she supposed to do?  She filed for benefits over the phone using an automated system.  The PA Unemployment Commission sent her all the paperwork to fill out and we returned it to them for review.

While we were waiting for her application for benefits to be reviewed, a letter was sent to her denying her benefits.  Her boss did not believe that his business should be responsible for paying her unemployment benefits since she was fired.  He sent an appeal letter to the state and they took his side of the story as gospel.

My girlfriend had to fill out an appeal of her own stating the facts behind her missing work.  In the appeal, she attached copies of hospital bills and proof that she was admitted to the hospital on the days in question.  She also explained that her job had no formal call off policy and that she had a pristine attendance record prior to her being fired.

We sent the appeal for review and my girlfriend was given a date to attend an Unemployment Compensation hearing.  Her boss was given the opportunity to attend the hearing, but he did not show up.  He ruined his chance to sway the compensation referee to rule in his favor.  The "referee" is basically like a judge that decides the outcome of an unemployment claim that is appealed. 

The referee ruled in favor of my girlfriend for many reasons and the first was the fact that her boss failed to attend the hearing. Secondly, my girlfriend provided testimony that refuted her boss's false accusations.  Lastly, my girlfriend had the will to fight the system. 

Don't be alarmed when you are fired from your job.  Know that you are eligible for benefits, but you are going to have to fight for them.

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