Dissecting The "Just Cause" Requirement For Unemployment Benefits

In the midst of these hard economic times, it is no surprise that there has been an increase in unemployment benefit applications nationwide.  A while ago I wrote about unemployment rates slowly going down before the holiday season. A welcome sign, no doubt, but the problem nevertheless persists for those individuals out of work and not able to find another job.  

The basic concept behind unemployment benefits is to provide some much needed funds to individuals who are out of work, at no fault of their own, until they can find another job.  According to figures released by the U.S. Department of Labor, only 37% of workers who lose their jobs collect unemployment benefits.  But if an employee (or I should say former employee) was fired for "just cause" or voluntarily quit, then they are not eligible for benefits.

I love law and its vague terms.  

A recent article helps to shed some light on what is considered a "just cause" firing:

1.) Giving false information on a job application

2.) Knowingly breaking an employer's rules

3.) Unexcused Absences or Tardiness

4.) Purposefully Damaging The Employers Property

5.) Insubordination- refusing to obey employers instructions

6.) Reporting to work under the influence of drugs and/or alcohol or consuming drugs or alcohol on the job.

7.) Conduct that threatens the safety of others

8.) Conviction and imprisonment for a serious crime

9.) Breach of a duty you owed to your employer

10.) If you quit voluntarily

Some of these seems more self explanatory than other--its always a bad idea to do drugs or being drunk on the job.  

However, there is still an element of vagueness in what constitutes “just cause” and because of that, there is an appeal process.  In a recent study conducted by LegalMatch, there are a lot of people interested in the appeals process, which essentially allows the claimant to appeal an unfavorable decision within a certain amount of time.

I was surprised to read that less than half of workers that lose their job collect unemployment.  It may be because they were fired for just cause, but it may also be because the requirements for unemployment can seem daunting and confusing to the layperson. Losing your job and not being able to find work can be a very stressful situation and I think the lesson to be learned here is to be a good employee while you are working in order to ensure that there are government benefits available to you in case of an emergency.  

By: Violet Petran

Comments

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