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Were you laid off or fired?

There is a difference between being laid off and fired. Generally, we will treat you as:

  • Laid off if your employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
  • Fired if your employment was ended because of performance, behavior or other “just cause” reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. You may not qualify if you were fired for misconduct or gross misconduct.

Layoff examples

  • Your employer has no work available
  • Your assignment ended
  • Your employer went out of business
  • Your position was eliminated
  • You're required to participate in temporary classroom apprenticeship training
  • You're a seasonal employee and the season ended
  • Your employer temporarily shut down for reasons such as weather, materials delay, natural disaster or temporary maintenance closure
  • Your employer gave your separation reason as standby
  • Your employer said that you were on furlough

Fired for misconduct examples

  • Deliberate or wanton disregard for your employer or a fellow employee, such as:
    • Insubordination
    • Repeated inexcusable tardiness after warnings
    • Dishonesty related to your employment
    • Repeated and inexcusable absences
    • Violating the law or deliberate acts that provoke violence or illegal actions, or violating a collective bargaining agreement
    • Violating a company rule
  • Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
  • Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.
  • Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer.

Gross misconduct examples

  • A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing. Examples include:
    • Embezzlement or theft of property.
    • Purposeful destruction of the employer’s property.
  • Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include:
    • Installing a secret camera in fitting rooms.
    • Stealing a patient’s identification.

Misconduct and gross misconduct penalties

If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny your benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance. If we deny your benefits based on gross misconduct, we will also remove wages and hours from your unemployment insurance records. Once the wages and hours are removed, they are no longer available for your use and may cause you to be ineligible for future unemployment benefits.