Just got fired from a job. can I collect unemployment due to poor performance?

kapn

Nope .........you got canned.......

Doctor Deth

every state is different - if you didn't work anywhere before that job, you won't have much earnings in your "base years which would probably run from Apr 2007-Mar 2008 (Penna) - best case scenario - you might get close to half your old gross pay (different in every state) and those unemployment benefits ARE taxable on your 1040

Judy

You are most likely eligible for unemployment, but might not be if you are in school rather than being available to work.

Good luck though.

spunkynut

You qualify for unemployment. If you were not at your last job long enough to qualify then the unemployment agency will revert back to the employer before that one.
If you were fired for any of the following you cannot collect:
insubordination, physical harm to coworker, alcohol or drug violations, and no call/no shows.
You can ask the employment office for a hearing; you, the employer, and the employment agency will all meet and the EA will decide about unemployment benefits based on the meeting.

J B

There is a formula used by Service Canada based on insurable hours. You may or may not be entitled to EI and should call them right away.

If you are based in Ontario, generally speaking you are by statute entitled to a week's pay in lieu of notice. However, courts have developed a quasi rule of thumb of one month's pay per year of service depending on various factors such as age, position, remployability, etc. In addition, if a court finds you were dismissed in bad faith, you may be entitled to an adjustment of the notice period to, say, 2 or 3 months pay. This is known as Wallace damages named after the landmark Supreme Court of Canada decision of Wallace v. United Grain Growers.

Of course, if you were dismissed for just cause, your Record of Employment (ROE) which you are entitled to receive within a few days of your dismissal should indicate your reason for dismissal. It is very difficult to prove cause and your notice period may be increased if you sue for wrongful dismissal and the Court finds that there was no cause.

Because of the complexity of each case, you should definitely consult with a lawyer or paralegal.

versantly

start by following the procedures for filing an appeal of your termination with your HR department. keep your notes emotionless and state facts only -do this quickly as there may be a time limit. look at the employment laws for your state. visit the local unemployment office and file for benefits -this also may be a time sensitive job for you. continue to document all of your interactions and dates of contact with both places. keep looking forward and pursue your goals.

Amber F

To my knowledge, I believe you can only collect unemployment if you have been at a job for a period of 1 year or more. I'm about 90% on that, but could be wrong. I say this because It may very by state. Simply google the unemployment requirements for your state. Hope this helps!

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