by Ruth Georgia

Created on: May 02, 2007   Last Updated: September 09, 2008

Oh My God, I've been fired! Most of us will experience this feeling at least once in our lifetime. If we are lucky, it occurs at a time when there are other resources around to help us support ourselves and our families. If we are not lucky, unemployment insurance may be our only option. While unemployment insurance is often much less than we were making at our jobs, it is a safety that is necessary in today's economy.

To answer the posed question, yes there are times when you can get unemployment insurance after being fired from a job, but sometimes it can be very difficult.

If your employer fired you for cause and they can prove that you violated a policy or were given ample warning that the behavior would lead to termination, sorry you will not get unemployment. So if you were surfing porn sites on your lunch break and had forgotten about that personnel policy that said the company internet was for work use only, (You know the one they make you sign even though you signed for the handbook it was in.) no unemployment.

However, there are times that you can get it.

1. You were fired for being unable to perform the job. If you truly were not a good fit for the job, and your previous employer is willing to state that then you can get unemployment insurance.

2. You can prove that it was a hostile work environment.

3. You can prove you were discriminated against.

The first way is the easiest and actually the only way that I would try for unemployment insurance. If your employer is willing to say that, you were not at fault by any behavior you did then you will succeed. The process is generally that you go and apply, then the Department of Labor schedules a time for you to get a phone call from an investigator. Don't worry these are brief. Your employer will get a phone call as well. A decision is made based on the laws of your state and the particular circumstances.

The other two options, I would talk to a lawyer first. These are allegations that the employer is more likely to protest against and a legal battle may be a better answer.
Also, remember that you should always apply any time you are fired or laid off. You never know what might happen and you can always appeal any decision. You should also apply as soon as you are not working. You do not have to wait until you receive your last paycheck. In addition, if you are on unemployment and you take a temporary job, you may be able to receive extended benefits after the temporary job has ended.

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