When people are hurt at work, they are often compelled to file for unemployment benefits. This may be because they are fired for not being able to do their job or end up quitting because they are no longer physically able to do their job.
If you quit, you will have to show that you did so with good cause. If you physically can no longer do your job because of your injury, that qualifies.
If you have been terminated, your employer may attempt to withhold unemployment benefits. To do this, your employer will have to demonstrate that you were terminated because of a misconduct on your part. Misconduct is intentional behavior by you. For example, if you are not performing at work even though you are medically capable of doing your job and have been told to improve, if you call in sick numerous times for unnecessary reasons, or if you don’t show up for work, these behaviors would qualify as misconduct.
Your employer would have to show documentation of these behaviors at an unemployment hearing. If documentation is not available and it comes down to your word versus your employer’s word, the likelihood is that you will win your case and will be able to collect unemployment benefits.
If you have questions about employment issues or unemployment benefits, our attorneys are licensed to practice in Nebraska and Iowa. I can also refer you to an expert attorney in another state if needed.
Cooperating with the unemployment claims adjudicator can help you get benefits.
Answer your phone.
This is the advice a friend of mine who works as an unemployment claims adjudicator would give to people filing unemployment. Oftentimes people are denied unemployment benefits they earned through their employer because they neglect to cooperate in the initial investigation of their claim. An adjudicator is assigned to determine eligibility for unemployment benefits. In short, they talk to you and your employer about why you are no longer employed. If the adjudicator determines that your were fired for intentionally disregarding reasonable work-related expectations of your employer or that you quit without good cause, then you will be found not to be eligible for unemployment benefits. Of course, you can appeal that decision, but that will lead to a delay in you receiving benefits, and it might also mean finding a lawyer to represent you in the appeal hearing.
The problem someone creates for themselves when they don’t talk to the adjudicator is that the adjudicator will only hear the employer’s side of the story. If an employee has documents that would show they did not commit work-related misconduct or that they quit with good cause, they should give those to the adjudicator as well.
Unemployment is stressful. Failing to communicate with people who might be able to help you just makes matters worse for yourself and family.
If you are fired, your employer has the burden to show that you were fired for misconduct connected to your work. If they are alleging attendance or performance problems on your part, they should produce documents to prove your attendance or performance problems to you. If your employer fails to produce documents showing performance or attendance problems on your part and you dispute your employer’s allegations, you should be able to avoid a penalty on your unemployment benefits. Furthermore, if you are let go for health reasons out of your control such as an injury, you should be able to receive unemployment benefits.