How long after being fired can you apply for unemployment

Q: Can you collect unemployment if you are fired in Pennsylvania?

While it is the employers prerogative to discharge an employee, an employee is not ineligible for UC benefits unless the discharge is due to willful misconduct. Pennsylvanias courts have provided guidance in determining an individuals eligibility in specific situations involving a discharge for willful misconduct.

Were you laid off or fired?

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

Table of Contents Show

Were you laid off or fired?
Layoff examples
Fired for misconduct examples
Gross misconduct examples
Misconduct and gross misconduct penalties
Requirements to Apply
Weekly Benefits Certification Requirements
What Happens If You Quit or Get Fired
Work Search Requirement
Additional Resources
Can you collect unemployment if you are fired in Pennsylvania?
What disqualifies you from unemployment benefits in California?
Can I get unemployment if I was fired for performance in NJ?
How long after being laid off can I file for unemployment Texas?

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. Youmay 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.

To receive unemployment benefits, you must meet all eligibility requirements when applying and when certifying for benefits.

Requirements to Apply

When applying for unemployment benefits, you must:

Have earned enough wages during the base period.
Be totally or partially unemployed.
Be unemployed through no fault of your own.
Be physically able to work.
Be available for work.
Be ready and willing to accept work immediately.

If you believe that you are misclassified as an independent contractor, we encourage you to apply for benefits, and we will determine your eligibility.

A base period is a specific 12-month term the EDD uses to see if you earned enough wages to establish a claim. To learn how we determine your base period, review How Unemployment Benefits are Computed (DE 8714AB) (PDF).

Your weekly benefit amount (WBA) ranges from $40 to $450. To get an estimate of what you will receive, use the unemployment benefit calculator.

For more information about how we calculate benefits, review the following resources:

How Unemployment Benefits are Computed (DE 8714AB) (PDF)
A Guide to Benefits and Employment Services (DE 1275A) (PDF)
California Employer’s Guide (DE 44) (PDF)

Weekly Benefits Certification Requirements

You must meet eligibility requirements for each week that you certify for benefits. You must be:

Physically able to work.
Available for work.
Ready and willing to accept work immediately.

To request benefit payments, you must certify for benefits by submitting a certification online, by phone, or by mail.

Note: You must serve a one-week unpaid waiting period on your claim before you are paid UI benefits. The waiting period can only be served if you certify for benefits and meet all eligibility requirements for that week. Your first certification will usually include the one-week unpaid waiting period and one week of payment if you meet eligibility requirements for both weeks. Certify for benefits every two weeks to continue receiving benefit payments.

Certifying is the process of answering basic questions every two weeks that tell us you’re still unemployed and eligible to continue receiving benefit payments. Your claim or your payment could be delayed if you answer questions incorrectly. For help answering these questions, visit Understanding the Certification Questions or review Unemployment Benefit Certification Question Information (YouTube).

If the information provided on your certification shows that you did not meet eligibility requirements, we will schedule a phone interview to determine your eligibility. If you disagree with the decision to reduce or deny benefits, you may file an appeal.

Important: Most customers are required to register for CalJOBS and create an online resume that can be viewed by employers. You must meet this requirement within 21 days of receiving your Notice of Requirement to Register for Work (DE 8405) form. Failure to meet this requirement can result in a delay or loss of benefits. Watch How to Register for CalJOBS and Post a Resume (YouTube) for more information.

What Happens If You Quit or Get Fired

We will schedule a phone interview to discuss your claim and circumstances. If you quit, you must prove good cause for quitting. If you are fired, your employer must prove there was misconduct. Either party can disagree with the decision and file an appeal.

If you do not receive a call at your scheduled appointment time, we may have canceled your appointment because we confirmed your eligibility or resolved the issue before your interview. If your appointment has been canceled, it will no longer show in UI Online. Check UI Online for your current payment status.

Work Search Requirement

To be eligible for benefits, most people are required to conduct a reasonable effort to search for suitable work. We advise you to keep a record of your work search dates and employer contact information for future use and potential eligibility interviews.

Your individual instructions for conducting a work search are listed on your Notice of Unemployment Insurance Award (DE 429Z). For more information, visit Job Seekers: Returning to Work.

Additional Resources

Filing a Claim – Claim Process: A step-by-step explanation of what happens when filing a UI claim.
Benefit Determination Guide: Information about unemployment law based on state and federal regulations.
FAQs: Answers to frequently asked questions about eligibility.
Unemployment Insurance – After You Apply: Information about important steps you must take to make sure your benefit payments are not delayed or denied.

Can you collect unemployment if you are fired in Pennsylvania?

While it is the employer's prerogative to discharge an employee, an employee is not ineligible for UC benefits unless the discharge is due to willful misconduct. Pennsylvania's courts have provided guidance in determining an individual's eligibility in specific situations involving a discharge for willful misconduct.

What disqualifies you from unemployment benefits in California?

"An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work."

Can I get unemployment if I was fired for performance in NJ?

If you were fired or discharged from your job, you may not be eligible for benefits. A claims examiner will determine if there was any misconduct connected to your separation. There are two types of misconduct: misconduct and gross misconduct.

How long after being laid off can I file for unemployment Texas?

You should apply for benefits as soon as you become unemployed. When you apply for unemployment benefits, the effective date of your initial claim is the Sunday of the week in which you apply. We cannot pay benefits for weeks before your claim effective date.