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Will I recieve unemployment benefits if I was discharged for misconduct?

Will I recieve unemployment benefits if I was discharged for misconduct? Topic: Will I recieve unemployment benefits if I was discharged for misconduct?
June 16, 2019 / By Berenice
Question: I was fired from my job b/c while in a classroom training we (as a class) was told for the first 2 hours of the day we would do nothing. We were told to surf the web, go out into the mall(which is attached to the center) and eat breakfast, have coffee, walk around or simply take a nap. The trainer (which is the overseer of my team during the 2 week period gave us these options. I was called in and fired because I went out into the mall along with about 15 other people to have coffee and breakfast. I was given permission to do so. Myself and about 8 others were fired, but the others were not. We were not given a warning or anything. I had been with the company for over a year, and every training class goes out into the mall to kill time, while waiting for class to start. The manager that fired me told me I was fired for Time Keep Fraud, but on my discharge paper I was fired for misconduct. I only done what I was told to do, and I never did anything other. Can I qualify 4 benefits.
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Best Answers: Will I recieve unemployment benefits if I was discharged for misconduct?

Adrianne Adrianne | 3 days ago
Depends on your state laws that cover unemployment benefits. In Illinois the Unemployment Insurance Act governs, it prevents people from getting benefits if they have quit their jobs (with some exceptions) and if the employer can prove misconduct. The term "misconduct" is not that the employee did something wrong, it has a legal meaning of: 1. the employer had a rule/policy which covered an action that effected employee safety or the bottom line, 2. the employee violated that rule/policy and WAS WARNED that if he/she did that again he/she would be fired; 3. the employee WILLFULLY and DELIBERATELY violated the rule/policy again and was fired. Employers think that they can prevent employees from getting unemployment benefits by merely using the term 'misconduct' on their termination papers. In Illinois, there is a telephone appeal hearing where the employee's attorney can make the proper legal argument for this.
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Adrianne Originally Answered: Will I recieve unemployment benefits if I was discharged for misconduct?
Depends on your state laws that cover unemployment benefits. In Illinois the Unemployment Insurance Act governs, it prevents people from getting benefits if they have quit their jobs (with some exceptions) and if the employer can prove misconduct. The term "misconduct" is not that the employee did something wrong, it has a legal meaning of: 1. the employer had a rule/policy which covered an action that effected employee safety or the bottom line, 2. the employee violated that rule/policy and WAS WARNED that if he/she did that again he/she would be fired; 3. the employee WILLFULLY and DELIBERATELY violated the rule/policy again and was fired. Employers think that they can prevent employees from getting unemployment benefits by merely using the term 'misconduct' on their termination papers. In Illinois, there is a telephone appeal hearing where the employee's attorney can make the proper legal argument for this.

Thadeus Thadeus
If you can prove you were fired because someone told you to go have breakfast and you can get the other 8 to support you at the unemployment office then you may have a case. You usually cannot get benefits if you are terminated for misconduct. So you will probably be denied at first and then an investigation or appeal might take place.
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Premislas Premislas
You don't say how long you worked for the co. I think unemployment attaches after a certain amount of time, but not sure. The company's definition of termination for cause and the UC office's definition may be different. Filing wouldn't hurt. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
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Major Major
Work as hard at getting another job as you are at trying to get unemployment/ If you are always tardy you may suffer from a mental condition/ People who suffer from depression often have trouble functioning early in the morning.
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Major Originally Answered: Dismissed for gross misconduct. How will this affect my chances of getting another job?
Just so you know, there is almost zero chance you'll get your job back. You may be compensated for the loss, but tribunals and courts VERY seldom reinstate employees, judging that the relationship has been severed. If you admit yourself it was a fair claim, why are you wasting everyone's time and money? As for future job prospects, it will depend on the severity of the charge and how that effects a new employer. For instance, if you were dismissed from a food services job for violating food safety rules, I wouldn't have an issue with hiring you as a carpenter. I would have a problem hiring you to manage my new restaurant. Unless you refuse to provide the name of your previous employer (which alone will probably lose you any new job), new job prospects WILL find out. I had to laugh at 'sponge' above me, who counsels to lie about previous employment. Perhaps he wouldn't have HAD 'loads of jobs', but would have kept one, if he stopped lying to employers.

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