So you’re no longer working at your job?? Alright, no big deal. Now, you go and apply for unemployment compensation benefits. The next thing you know, you get a denial. What the hell? How can that be? You’re no longer working!! Well, let’s ask a few questions to see if we can find the answer. First, I gotta give my disclaimer. Every state is a little different so you definitely want to talk to an attorney in your state to determine what the requirements are for applying for unemployment compensation. Second, let’s ask a few questions and see if we can figure a few things out: 1) Were you fired or did you quit? In most situations, unemployment benefits are available for individuals who have been fired from their jobs. If you voluntarily terminated your employment, you may not be able to obtain unemployment benefits. HOWEVER, it doesn’t stop there so let’s look a little further. 2) Are you SURE you were fired? Have you ever found yourself in the weird position of wondering if you are STILL employed? Sometimes, it can get goofy if there is a miscommunication. In Florida, there is a burden shifting approach. In other words, you have to show that you were unemployed. The burden then shifts to employer to prove that you either quit voluntarily or fired (for whatever reason). If the employer says you quit but, based on the circumstances, you reasonably thought you were fired, your employer may have to pay you benefits if the employer can’t prove that you quit. 3) If you’re fired, was it due to misconduct? In some states, you may not be able to apply if you did some type of misconduct that justifiably permits the employer to terminate your employment. Assume that you were caught conducting illegal activities on the property of your employer. Under the circumstances, your termination may be necessary so you may not be able to obtain Unemployment Benefits. 4) If you quit, did you have a good reason? Enough is enough. Assume you had a boss who verbally abused you or harassed you for months. You put up with it as long as you could. Finally, after months of abuse, you quit. Now, you go to apply for benefits but you were denied due to you quitting. in some states, you may be able to appeal based on ‘good cause’. This ‘good cause’ has to be a reason that would justify you leaving. This burden is high so don’t think that you leaving because your boss stares at you or you had a bad feeling is going to cut it. You are going to have to show that a reasonable person would have no choice but to leave in light of the circumstances. Having to leave your job is a unique beast in itself. It can be more traumatic if you find that you have to apply for Unemployment and can’t get it. Pay attention to your circumstances so you can be ready to deal with your change in circumstances. ******************************************** Anthony Reeves is an attorney and founder of the Reeves Law Firm, www.reevesfirm.com, representing clients in Labor / Employment, Social Security, Industrial Accidents, Workers Compensation, Personal Injury and Family Law. Anthony Reeves is, also, founder of the A.nthony R.eeves E.xperience, www.anthonyreeves.com, a media / outreach consulting company that produces the online radio shows, “IN THE KNOW with Tony Reeves, Esq.” and “LegalBEAT in the MORNING” (www.blogtalkradio.com/intheknow).