Can I get unemployment if I’m fired?
Maybe. Whether you can receive unemployment depends on the reason that you were fired.
Misconduct
The decision about unemployment benefits based on a discharge (or being fired) centers around whether the employer can prove that it is more likely than not that they fired you for misconduct connected with the work. Well what does that mean? Title 40 Section 2-406 of the Oklahoma Statutes defines misconduct in a very specific way. In fact, the law says that misconduct is limited to just these things:
- Any intentional act or omission by an employee which constitutes a material or substantial breech of the employee’s job duties or responsibilities or obligations pursuant to his or her employment or contract of employment;
- Unapproved or excessive absenteeism or tardiness;
- Indifference to, breach of, or neglect of the duties required which result in a material or substantial breach of the employee’s job duties or responsibilities;
- Actions or omissions that place in jeopardy the health, life, or property of self or others;
- Dishonesty;
- Wrongdoing;
- Violation of a law; or
- A violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others.
Warnings
You might want to argue that the employer didn’t give you any warnings before you were fired. But the employer is not required to give you warnings. Specifically, Section 2-406(C) says that the employer is not required to give warnings for any of the violations listed in 1-8 above as long as you knew, or reasonably should have known, that you were violating the employer’s rules or policies. Now that isn’t to say that the employer can just willy nilly fire you for any minor violation and say it was misconduct, especially if it’s a rule or policy that is routinely broken. But you will want to have some evidence that the employer was treating you differently in enforcing that rule or policy.
At Will Employment
Sometimes an employer will give you wrong information about your rights to unemployment benefits. They might tell you that you can’t get benefits because you were fired. They’ll tell you that, because Oklahoma is an at will employment state, they don’t have to have a reason to fire you. Well, it is true that Oklahoma is an at will state. But all that means is that the employer can fire you for any reason or no reason, as long as it’s not an illegal reason. For example, say you show up to work one day and say how much you love House Gryffindor. But your boss is diehard Slytherin, so he hates Gryffindor and decides to fire you. The at will employment doctrine says that’s ok. It may be a bad business decision, but it’s not illegal. It’s also not misconduct, so you would likely be awarded unemployment benefits.
Misconduct at the Appeal Tribunal
If your claim for unemployment was denied, file an appeal within 10 calendar days of the date the decision mailed to you, NOT the date your received the decision. When you get to the hearing, be prepared to present evidence to show that the employer’s version of events is wrong or that their facts do not fit into the eight categories of misconduct listed above. If you have witnesses, bring them to the hearing. Your hearing officer will give more weight to your firsthand witnesses in the hearing than to written witness statements.
Your Next Step
If you have questions about your unemployment claim because you were fired or for any other reason, please contact me. I’m happy to discuss your claim with you!
