You are furloughed or laid off from your job, apply for unemployment benefits, and are denied. What next? As of the date of this blog, we are currently under a "shelter-at-home" order, and businesses of all stripes are furloughing or laying off employees left and right. If you are lucky, you are in an "essential" industry, but most employers are at the least reducing the hours of their employees.
The short answer is that, if you apply for unemployment benefits and are denied, you should probably appeal the denial, but the longer answer is that you were fired (the technical term is "discharged") for employment misconduct - that is, conduct that an employer has the right to reasonably expect of its employees. If you were discharged through no fault of your own, and did not violate your (former) company's policy, then you may be eligible for unemployment benefits.
On the other hand, if you quit outright or resigned, then you probably will not be eligible for unemployment benefits, unless you had a good reason to quit that was caused by your employer. It is very difficult to show that you had such a good reason to quit, so if you quit your job you are probably out of luck.
If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options. To that end, I represent both applicants and employers in unemployment appeals. However, you want to move quickly, because you have a very short deadline within which to appeal.
Please call (763) 290-0445 today to set up a time for a telephone call or video chat to discuss your situation. Everybody gets a complimentary 5-minute mini-telephone consultation, but I charge a fee for a longer consultation where I analyze your case and discuss your options in greater detail.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. Also, Tim is licensed only in state and federal courts in Minnesota. As such, any information provided in this blog post pertains only to those jurisdictions. Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up a time for a telephone call or video chat to discuss your situation.
The short answer is that, if you apply for unemployment benefits and are denied, you should probably appeal the denial, but the longer answer is that you were fired (the technical term is "discharged") for employment misconduct - that is, conduct that an employer has the right to reasonably expect of its employees. If you were discharged through no fault of your own, and did not violate your (former) company's policy, then you may be eligible for unemployment benefits.
On the other hand, if you quit outright or resigned, then you probably will not be eligible for unemployment benefits, unless you had a good reason to quit that was caused by your employer. It is very difficult to show that you had such a good reason to quit, so if you quit your job you are probably out of luck.
If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options. To that end, I represent both applicants and employers in unemployment appeals. However, you want to move quickly, because you have a very short deadline within which to appeal.
Please call (763) 290-0445 today to set up a time for a telephone call or video chat to discuss your situation. Everybody gets a complimentary 5-minute mini-telephone consultation, but I charge a fee for a longer consultation where I analyze your case and discuss your options in greater detail.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. Also, Tim is licensed only in state and federal courts in Minnesota. As such, any information provided in this blog post pertains only to those jurisdictions. Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up a time for a telephone call or video chat to discuss your situation.
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