Unemployment benefit?

**cantretire** · 11-03-2010, 08:54 PM

You get UI if you lose your job through no fault of your own, for example, lay offs. I don't have any information for your other issue.

**nick__45** · 11-03-2010, 09:34 PM

If I don't have clearance I may not be able to work. And since decision to keep or loose clearance is based on non-work related stuffs, isn't that considered a lay-off?

**cantretire** · 11-04-2010, 02:17 PM

What clearance? I don't understand what you are talking about.

**tulog** · 11-04-2010, 03:53 PM

I do not agree that you necessarily cannot get unemployment if you are fired. The company would have to prove to the unemployment office that you were guilty of misconduct. You would argue the opposite.

You can get unemployment if you are layed off.

You are not normally entitled for unemployment if you voluntarily leave a position, but that should not prevent you to apply for it anyway, since it would be the company's burden to object to your application for benefits. You could argue for example, that leaving the company was not in fact voluntary for reason xyz, although that argument might be rejected.

Besides hiring a lawyer, you could research case law involving unemployment benefits and work situations involving a clearance. This might prove useful as evidence before an unemployment agency interview in the case of a dispute from the company to deny benefits.

**tulog** · 11-04-2010, 03:58 PM

Originally posted by cantretire View Post

What clearance? I don't understand what you are talking about.

He's talking about a security clearance of some sort, presumably.

**nick__45** · 11-04-2010, 06:34 PM

Security Clearance where you are always guilty even after proven innocent.

**nick__45** · 11-04-2010, 06:35 PM

No work misconduct. Perfect evaluation every year but that doesn't mean much with clearance. It boils down to some guy deciding. So I have been ****ting bricks for the last 5 years and saved a lot. But I bought a house and float $120k for down payment. I bought the house for half of its value since I bought it last year instead of 2006 as originally planned but cancel but of the mess.

**maat55** · 11-04-2010, 07:12 PM

You can file for unemployment whether you are fired or layed off. I fired an employee for misconduct, he filed and I had to dispute his claim. I won, but if you have no misconduct you may be granted benefits.

P.S. My experience is based on Oklahoma Unemployment.

**snafu** · 11-04-2010, 07:16 PM

The legislation governing unemployment insurance is very complex. UI staff mandate seems to be to find reasons to deny benefits, I've never heard of counsellors whose role is to help claimants overcome hurdles to obtain benefits! I've been told there are lawyers who specialize in getting claimant benefits but the cost is more than the benefit.

The basic requirements is to be eligible to seek any and all employment without restriction. This likely makes people who are in the country to fulfil a specific job - ineligible for benefit even though their employer is compelled to contribute on their behalf. As soon as they change jobs they are eligible for deportation! Just ask nannies who gain better jobs!

**nick__45** · 11-04-2010, 07:17 PM

Is it still 99 weeks. I know I pay all of fee and tax, I want benefit if I need it. Well, I hope to be left alone and do my work though.

**maat55** · 11-04-2010, 07:20 PM

Originally posted by nick__45 View Post

Is it still 99 weeks. I know I pay all of fee and tax, I want benefit if I need it. Well, I hope to be left alone and do my work though.

IMO, if you have good reason to believe you will be let go, you should be planning ahead other than to collect benefits for 99 weeks.

Unemployment benefit?