Can i get unemployment if i get fired for attendance

Section 402(e) provides that an individual who is discharged from employment for reasons that are considered to be willful misconduct connected with his/her work, is not eligible to receive benefits. The employer must show that the employee's actions rose to the level of willful misconduct. "Willful misconduct" is considered an act of wanton or willful disregard of the employer's interests, the deliberate violation of rules, the disregard of standards of behavior that an employer can rightfully expect from an employee, or negligence that manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employee's duties and obligations. While it is the employer's prerogative to discharge an employee, an employee is not ineligible for UC benefits unless the discharge is due to willful misconduct. Pennsylvania's courts have provided guidance in determining an individual's eligibility in specific situations involving a discharge for willful misconduct. Following are examples of some common discharge situations.

Absenteeism/Tardiness

Prior to being discharged for absenteeism or tardiness, the claimant must have been warned about such conduct. In addition, there have been cases where one absence is sufficient to show willful misconduct. The reason for the last occurrence will be taken into consideration in determining if the claimant had a good reason for being tardy or absent. Absenteeism alone may justify a discharge, but without a showing of wanton and willful disregard of the employer's interests, benefits cannot be denied. Generally, if an individual has good cause for missing work, such as being ill or having an ill child, and reports off according to the employer's policy, that individual's conduct does not rise to the level of willful misconduct.

However, there can be factors that may affect the eligibility determination, such as the employer's rule for calling off, the method which the individual used in calling off, the reason for the last incident, the nature of the work, past attendance record and previous warnings for absenteeism or tardiness.

Rule Violation

Deliberate violation of an employer's rule that is known to the employee constitutes willful misconduct if the employer's rule is reasonable and the employee's conduct, in violating the rule, was not motivated by good cause. The employer must show the existence of the rule and that the rule was violated. The employer must also show that the claimant was aware, or should have been aware, of the rule. If this is established, the claimant must show that the rule was not reasonable, or that he/she had good cause for violating the rule.

Attitude Toward Employer or Disruptive Influence

Disregard of standards of behavior which an employer can rightfully expect from his/her employee constitutes willful misconduct. However, where a claimant is discharged due to his/her attitude toward the employer or due to being a disruptive influence, the employer must show specific conduct adverse to the employer's interests.

Damage to Equipment or Property

Negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employee's duties and obligations constitutes willful misconduct. Where the negligence results in damage to equipment, damage caused by the worker to equipment or materials is not usually misconduct. The employer must show that the action that caused the damage was willful or due to willful carelessness or show that the claimant would not have damaged the equipment if he/she had used reasonable care of which he/she was capable in order for the action to be willful misconduct.

Unsatisfactory Work Performance

Unsatisfactory work performance is not considered willful misconduct where the claimant is working to the best of his/her ability. However, it is willful misconduct where the employer shows that the claimant was capable of doing the work, but was not performing up to standards despite warnings and admonitions. This is conduct showing an intentional and substantial disregard of the employer's interests.

Drug and Alcohol Testing

The UC Law provides for the denial of benefits for failure to submit (to) and/or pass a drug or alcohol test, provided the test is lawful and not in disagreement with an existing labor agreement. In order to be eligible for UC, the claimant must show that the test was unlawful, violated an existing labor agreement, or was inaccurate.

The information provided on this site does not constitute a determination of eligibility to receive unemployment compensation.

Run » Human Resources

Can fired employees collect unemployment? What if they quit? Here’s what employers need to know about unemployment eligibility for former employees.

When an employee is fired or let go, they may wonder if they can collect unemployment benefits. The answer is that it depends, since eligibility often hinges on why the employee was terminated.

In general, unemployment benefit programs provide temporary income to people who are out of work due to no fault of their own. If someone was fired due to misconduct or violation of company policy, they might be ineligible to collect unemployment. However, it’s not always cut and dry. Below, we outline how unemployment works for businesses, factors that impact eligibility for benefits and the rights of fired employees.

How does unemployment work?

Unemployment insurance is a joint federal-state program providing short-term cash benefits to jobless workers while they seek new employment. State law decides who can receive benefits, how much and for how long, determined by looking at earnings and hours worked during a “base period.”

Eligible workers in most states will receive cash payments for up to 26 weeks while they look for work. However, nine states provide fewer than 26 weeks and two states provide more. Extended benefits (EB) programs also exist in four states.

Businesses fund unemployment programs by paying taxes known as FUTA (Federal Unemployment Tax Act) and SUTA (State Unemployment Tax Act) taxes. Unemployment claims have the potential to trigger increased unemployment insurance tax rates for business owners, so it’s important to understand how the system works in order to avoid costly mistakes.

[Read more: 3 Things You Need to Know About Employee Benefits]

Who is eligible for unemployment benefits?

Not everyone who is unemployed is eligible for unemployment benefits. Unsurprisingly, there are a lot of rules surrounding who can claim it, but in general, qualifying for unemployment is based on why the employee was let go.

To be eligible, an individual must be out of work for reasons beyond their control. Examples include layoffs, downsizing, lack of available work or furlough, such as due to COVID-19. They must also meet work and wage requirements, plus any additional requirements mandated by their state.

If an employee quits a job by their own choice, they typically won’t receive unemployment benefits. However, if employees can prove “good cause” to quit, such as unsafe working conditions or harassment, they may still be eligible. March 2020’s CARES Act expanded “good cause” possibilities to include pandemic-related reasons, like the need to care for a family member who tested positive for COVID-19. Those expanded benefits expired on September 6, 2021, yet there is always the possibility for more changes.

Terminated employees have certain rights, one of which is the right to receive unemployment compensation, if they qualify.

There are also several forms of misconduct that would exclude a fired employee from collecting unemployment benefits:

• Theft.
• Excessive unexcused absences.
• Failing a drug test or reporting to work intoxicated.
• Safety violations.
• Sexual harassment.
• Causing abuse or harm to other employees.

In some cases, intentional violation of company policy may also render an employee ineligible for benefits, but check with your state for specific rules.

Rights of fired employees

Private employment is “at will” in most cases, meaning that employers can terminate their employees at any time, and for any reason—as long as it’s not illegal, discriminatory or in violation of a contract.

However, terminated employees have certain rights, one of which is the right to receive unemployment compensation, if they qualify. Other rights of fired employees include:

• Receipt of their final paycheck.
• Paid severance, if the contract stipulates it.
• Continued health insurance coverage after separation from their employer via COBRA.
• Advance notification before closing of a facility or a mass layoff.
  

[Read more: Are Small Businesses Required to Offer Health Insurance?]

Can an employer contest an unemployment claim?

As an employer, you have the right to contest an unemployment claim that you think is invalid or misleading. When a former employee makes a claim, you’ll receive a notice from the state or federal unemployment agency along with details surrounding the termination.

At this point, you can determine whether to accept or contest the claim. Keep in mind, an employee also has the right to fight the denial of an unemployment claim. If you're going to contest an employee’s claim for unemployment, be sure that you have clear and proper documentation to back up your case (letter of termination, pay stubs, documented warnings, etc.) in order to avoid an expensive employment lawsuit.

[Read more: How Do I Know It’s Time to Fire Someone?]

CO— aims to bring you inspiration from leading respected experts. However, before making any business decision, you should consult a professional who can advise you based on your individual situation.

Follow us on Instagram for more expert tips & business owners’ stories.

To stay on top of all the news impacting your small business, go here for all of our latest small business news and updates.

CO—is committed to helping you start, run and grow your small business. Learn more about the benefits of small business membership in the U.S. Chamber of Commerce, here.

A message from

Attract & retain top talent at your business with a 401(k) plan

Offering a retirement plan does more than just prepare you and your employees for a secure financial future – it can also help you attract and retain top talent. Fidelity’s new 401(k) plan designed for small businesses like yours has simple plan choices and fewer administrative burdens, so you can spend less time managing a 401(k) and more time focusing on running your business.

Get Started

Subscribe to our newsletter, Midnight Oil

Expert business advice, news, and trends, delivered weekly

By signing up you agree to the CO— Privacy Policy. You can opt out anytime.

Published October 19, 2021

How do you say you were fired for attendance?

What disqualifies you from unemployment in California?

What disqualifies you from unemployment in Illinois?

Can I get unemployment if I was fired for attendance in Indiana?