Your Rights to Unemployment Compensation
If You Are Fired From Your Job
April 2008

I think I might be fired....should I quit?

Probably not, unless you have another job lined up. Believe it or not, it is easier to collect unemployment benefits if you are fired than if you quit. This is because if you are fired (discharged), usually the employer has to prove you were fired for a reason that makes you ineligible for benefits. While if you quit, you would have to prove that the reason for quitting makes you eligible.

Important: If your employer has been threatening to fire you, get legal advice. There are laws that protect you from being fired for certain reasons. For example, you may not be fired for filing a workers compensation claim, or in some cases, for taking time off for illness or the birth or adoption of a child. To find out your rights, call Statewide Legal Services (1-800-453-3320).

*NOTE:  If you are on welfare (TFA), be sure to see below.

When can I be denied unemployment if I’m fired?

If you were fired, whether you can get unemployment depends on why you were fired. You cannot get unemployment benefits if your former employer can prove you were fired for

• “wilful misconduct” 
• lying on a job application (about important information)
• stealing
• failing a drug or alcohol test  that is required by the government
• committing a felony
• participating in an illegal strike

What is the definition of wilful misconduct?

Basically, “wilful misconduct” means you did something that was within your control and was very harmful to the employer’s business or company. Some examples of wilful misconduct include: disobeying direct orders by a supervisor, fighting with someone on the job, and drinking on the job.

Now we’ll define each part of the term “wilful misconduct”

Wilful. Wilful means you intended to do what you did. Accidents and things you cannot control are not wilful actions.

Misconduct. Misconduct means you were fired because you did something wrong. For example, misconduct would be if you used the employer’s supplies or services without permission or you lied to the employer. However, it would probably not be seen as wilful misconduct if it was an accident or you could not do the job because you do not have the knowledge, skills, or training. If you are doing the best you can, but it is not good enough for your employer, this is probably not wilful misconduct. Mistakes or carelessness usually don’t count. If you break a rule but had no way to know about it, this isn’t misconduct either.

Types of Wilful Misconduct:
Deliberate Misconduct, Knowing Rule Violation and Absenteeism

1. Deliberate Misconduct: If you did something on purpose to hurt your employer’s company or business. For example, you deliberately broke the copier by pulling off the cover.

2. Knowing Rule Violation:   If you broke a rule or policy--AND-

• you knew or should have known about the rule or policy, and
• the rule or policy makes sense (is reasonable), and
• other employees have been punished when they broke the same rule or policy, and
• it makes sense to apply the rule in your case and there are no special circumstances that kept you from following the rule or policy (such as bad weather), and
• you broke the rule even though you were able to do the work or follow the directions.

In order for the employer to win, the employer usually must prove that each part of the knowing rule violation test (above) has been met.

Note: Most employer rules are considered reasonable if they are in the best interests of the business. It may be up to you to point out that the rule is not reasonable. For example, it may be reasonable for an employer to require employees to wear a hat or hair net while preparing food. That same rule may not be reasonable if the employee works in an office. You may need to point out that the rule seems unreasonable.

3. Absenteeism:  Absenteeism is considered wilful misconduct if you were absent without good cause or without giving your employer reasonable notice 3 different times within a 12-month period. Two days out in a row counts as one absence.

Example: You are a factory worker and you didn’t show up for work October 2 - October 6,

You would NOT be eligible for UC if...you didn’t have a good reason for being out any of those days OR you didn’t call work to tell them you would be out and you didn’t have a good reason for not calling.

You wouldn’t be eligible because you missed work three different times, AND you didn’t call, AND you didn’t have a good excuse, such as illness. In this example, October 2nd and 3rd count as the first unexcused absence, October 4th and 5th count as the second and October 6th is the third unexcused absence.

However:

You should be eligible for UC if... you were out sick each time and you called in two hours before your shift. You should be eligible because you had a good reason for each absence and you gave "reasonable notice" (as soon as you knew you were sick). Your employer may say you didn’t follow the company’s notice policy. But if you called in as soon as you knew you were sick, the Department of Labor would say that you did give "reasonable notice."

Note:  If you call when you are going to be out sick and your employer fires you, you should be able to get unemployment benefits. But, if you have a serious illness that prevents you from looking for or accepting a job, you will not collect benefits while you are still sick. You cannot collect until you are "able and available" to look for full-time work.  (There are exceptions for people who can only work part time because of a disability.)

For more information on unemployment compensation, see the Legal Services pamphlet, Your Rights When You Apply for Unemployment Compensation.

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What does my employer have to prove if I’m fired for being late?

Lateness (tardiness) will be considered either wilful misconduct or a knowing rule violation. Lateness is not an absence. Generally, your employer will have to prove that you were late without a good reason at least three times for you to be disqualified from getting benefits.

What if my employer fired me for doing something as a result of my addiction to alcohol or drugs?

Addiction to alcohol or other drugs is considered an illness. Misconduct due to the addiction (for example, yelling at your boss) will not be considered on purpose or wilful. But, use of alcohol or other drugs on the job might be considered a rule violation and therefore could disqualify you from getting unemployment. To be eligible for unemployment benefits, you will need to

• give medical proof of the addiction to the unemployment office, and
• give proof that you got help for the substance abuse and are now healthy enough to look for and get a job.

For example, they may accept as proof a letter from an Alcoholics Anonymous (AA) counselor stating you are now sober and attending AA meetings or proof of your successfully completing a drug treatment program.

Are there other reasons for being fired that can disqualify me from unemployment?

Yes. If you are fired for any of the following reasons, you will not be able to get unemployment compensation benefits. Important:  If you are on state welfare (TFA), these reasons may also be seen as "wilful misconduct" and affect your TFA benefits.  See Important TFA Information below.

• Lying on a Job Application. If you were fired for intentionally lying on your application, you cannot get unemployment benefits. The lie must have been on purpose and be related to your qualifications or ability to do the job.
• Committing a serious crime (a felony). If you were fired for doing something that would be a felony if you were tried in court, you cannot get unemployment benefits. (A felony is a serious crime that usually can result in more than a year in prison.) If you are accused of committing a felony, you should demand to see the criminal law that says what you are accused of doing is a felony.
• Committing larceny (stealing). If you were fired for stealing property or services worth more than $25 or money of any value, you cannot get benefits. Important Note: Even if you stole something worth less than $25, you still may be unable to get benefits because your stealing may be found to be wilful misconduct or a knowing rule violation. (See above).
• Failing a state or federally mandated drug or alcohol test. If you were fired or suspended because you failed a drug or alcohol test, you cannot get benefits if
  • the test was required by state or federal law, and
  • not passing the test disqualifies you from doing the work for which you were hired. For example, if you fail the test and you are a bus driver, you would be disqualified from doing the work (driving the bus).
• Participating in an illegal strike. If you were fired or suspended for participating in an illegal strike as determined by state or federal laws or regulations, you cannot get unemployment benefits.

What are the penalties for being disqualified because I was fired from my job?

If you are disqualified, you will not be able to get unemployment benefits until you have found another job and earned at least 10 times your weekly benefit rate (about five weeks if you are paid as much as you were at your old job).

What can I do if I disagree with the decision of the unemployment office?

You can appeal the decision if you are denied benefits. Call Statewide Legal Services (1-800-453-3320) for advice.

To appeal, fill out an appeal request form or write your own letter asking for a hearing. Your appeal must be in the unemployment office within 21 days after the decision was mailed to you. (However, if it is more than 21 days and you have a good reason for being late, you should file an appeal giving your reason for being late.) You can file an appeal in person, by mail, fax or internet  www.ctdol.state.ct.us. See below for UC offices.

If you write a letter, include your name, address, social security number, the date the decision you want to appeal was mailed to you, and an explanation of why the decision is wrong. Be sure to keep a copy of the letter or appeal. Also see our pamphlet, Your Rights When You Apply for Unemployment Compensation. It is best to get legal advice before you appeal, but don’t delay appealing. If you have already appealed and lost after an Appeals Referee Hearing or Board of Review decision, you should call Statewide Legal Services (1-800-453-3320) right away for advice about any other appeal rights you may have.

Important Information for People on (or Applying For) Cash or Food Stamp Benefits

Being fired for wilful misconduct has a harsh impact on people receiving (or applying for) welfare (TFA). If the Department of Labor (DOL) finds you committed wilful misconduct, in most cases, the Department of Social Services will also find you committed wilful misconduct--unless you had another reason for losing your job. (However, this will be very hard to prove.)

If DOL finds you DID COMMIT wilful misconduct, your benefits would be affected as follows:

• If you are applying for TFA and are fired for wilful misconduct,
  • you may be denied benefits or receive fewer benefits if the firing was within 60 days of applying for assistance.
• If you are on TFA and are fired for wilful misconduct,
  • you may lose some or all of your TFA benefits; 
  • you may not get any 6-month TFA extensions; and 
  • you may not continue on a TFA extension and you may not be allowed any future extensions.
• If you used up your 21 months of TFA and are fired for wilful misconduct while off TFA,
  • you cannot get an extension for 120 days from the time you lost your job. At the end of the 120 days, you can reapply for an extension.

IMPORTANT NOTE ON FOOD STAMPS:  You may lose some or all of your Food Stamp Benefits if you are fired for wilful misconduct.

If DOL finds you did not commit wilful misconduct, your TFA benefits would be affected as follows:

• The Department of Social Services (DSS) should accept that decision and not penalize you for being fired.

If DOL never made a decision about wilful misconduct:

• DSS is supposed to decide on its own if you committed wilful misconduct. DOL may have not made a decision because, for example, you had not worked long enough to be eligible for unemployment benefits

When making its decision on whether you committed wilful misconduct, DSS

• will consider it wilful misconduct if you did something without good cause that resulted in your being fired.
• is supposed to decide if, for example, you knowingly broke a workplace rule.
• is supposed to consider good cause circumstances, such as your inability to do the job, a loss of child care or transportation that led to the firing. If you had good cause but were fired anyway, there is no wilful misconduct.
• is supposed to look to unemployment law in deciding if there was wilful misconduct.

If I get Unemployment Compensation, will my TFA benefits change?

If you receive unemployment compensation benefits, your TFA will be reduced dollar-for-dollar including any amounts taken out of your unemployment check for taxes. This means that if you receive $100 in unemployment compensation, your TFA cash benefits will be reduced $100.

If your UC benefits lower your TFA amount a lot, you may want to drop the TFA benefits. The reasons for dropping TFA are because it is now harder to get TFA extensions and because of the 5-year lifetime limit on getting TFA benefits. You may want to use the TFA program only if you have no other income.

What can I do if I disagree with DSS’s decision?

You have a right to ask for a Fair Hearing if you disagree with DSS’s decision. You only have 60 days from the date of the DSS notice to ask for a Fair Hearing.

If you ask for the hearing within 10 days of the date on the notice from DSS, your TFA benefits will usually continue while you wait for the hearing decision.

You can write your own letter or fill out a Fair Hearing form, but the request for a Hearing must be in writing. You can get a Fair Hearing form from your local DSS office. Mail your request for a Fair Hearing to:

DSS
Office of Legal Counsel, Regulations and Administrative Hearings
25 Sigourney Street, 12th Floor
Hartford, CT 06106
Telephone: 1-800-462-0134

For more information on how to appeal a decision, call Statewide Legal Services (1-800-453-3320) for free advice.

For more information call:

Statewide Legal Services:  (860) 344-0380 (Central Connecticut and Middletown area)  1-800-453-3320 (All other regions)

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This document was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this document is based on the laws in CT as of April 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.

Copyright:  April 2008.

Department of Labor  - Appeals Division Offices

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