Understanding Your Rights to Unemployment Benefits

Merrick Law Firm LLC is dedicated to guiding you through the complexities of unemployment compensation. Not every individual who parts ways with their job may qualify for these benefits, so it’s essential to understand where you stand.

Losing a job can be a significant setback, and the assumption may be that unemployment compensation will automatically provide support during this tough time. Unfortunately, this isn’t always the case. Eligibility for unemployment benefits hinges on whether a person’s unemployment is through circumstances beyond their control.

As each state manages its unemployment compensation differently, your eligibility may vary based on your situation and the laws in your state.

Eligibility When Resigning from a Position

Resigning from a position doesn’t always qualify you for unemployment benefits. To be eligible, the reason for your departure must be compelling. In essence, any reasonable person in your position would have also made the decision to leave. Legally, this is referred to as “good cause.” Personal beliefs of a good reason to quit do not always align with the legal definition of good cause.

Voluntarily leaving a role due to a lack of promotional opportunities or dissatisfaction with the job are generally not considered good cause. However, factors such as inescapable harassment, unhealthy work conditions, or an ultimatum to resign or face termination may meet the criteria.

Unemployment Post-Layoff

Typically, workers who are laid off or experience a reduction in force will qualify for unemployment benefits, as these scenarios are commonly out of an employee’s control.

Fired Employees’ Rights to Benefits

Those let go for reasons such as budget cuts, company restructuring, or because they were ill-suited for a role may still be eligible for benefits. It’s worth noting, however, that individuals terminated for misconduct generally do not qualify. Misconduct involves intentional harm to an employer’s interests, such as leaking sensitive information or harassing other employees. Poor performance or isolated incidents often do not fall under this category.

What to Expect with Unemployment Compensation

Eligibility for unemployment benefits unfortunately doesn’t equate to a full salary replacement. Typically, the benefits amount to a fraction of your previous earnings and are distributed for a maximum of 26 weeks, with possible extensions depending on the state and individual circumstances.

Navigating the Unemployment Claim Process

While unemployment systems vary by state, there are shared procedures in most cases. These steps include filing a claim, the employer’s opportunity to object, an assessment of eligibility, and potential appeals that may proceed through hearings, administrative reviews, and even, albeit rarely, judicial involvement.

This content serves as a basic overview and is not a replacement for professional legal advice. Laws can change, and it’s critical to get current, personalized legal guidance from Merrick Law Firm LLC. Contact us at (312) 269-0200 to understand how the present laws relate to your unique situation.

The information on this page is offered for broad educational purposes. For legal advice tailored to your specific circumstances, we recommend consulting an attorney.