How long after being fired can you file for unemployment

If you quit your job without "good cause connected with the work" you may not be eligible to receive benefits. "Good cause connected with the work" means that your reason for leaving must be directly related to your job, and be so compelling that you had no choice but to leave the job. While in most cases you cannot voluntarily quit a job and collect unemployment insurance benefits, where you can show “unsafe, unhealthful, or dangerous” working conditions, that were so intolerable that you had “no choice but to leave the employment,” you could be eligible to collect unemployment insurance benefits. The burden of proof is on you, the employee, to prove that you quit for good cause. 

If you leave your job for personal reasons – for example, to move out of the area – your reason for quitting is not connected with the work. If you quit your job for better pay or more hours, you may be eligible for benefits under certain circumstances.

In both cases, a claims examiner will contact you by phone or email for a fact-finding interview to decide if you are entitled to benefits based on Unemployment Insurance law and policies.

However, if leaving your job was related to domestic violence, of if your spouse/civil union partner is an active military member who is being transferred outside of state, you may still be eligible to collect benefits. You will be scheduled for a claims examiner interview or emailed a questionnaire to provide proof of these circumstances. The examiner will decide if you can receive benefits based on Unemployment Insurance laws and regulations.

To remove a disqualification for voluntary leaving, you must return to work (in covered employment) for at least eight weeks, earn at least 10 times your weekly benefit rate, and then become unemployed through no fault of your own.

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.

A misconduct disqualification would begin the week your firing or suspension occurred, and continue for the next five weeks. After the disqualification period ends, you may be eligible to collect benefits.

If you were fired for any reason that is serious enough to be considered a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice, you may be disqualified from collecting benefits indefinitely. This is known as a gross misconduct discharge.

To remove a gross misconduct disqualification, you must return to work (in covered employment) for at least eight weeks, earn 10 times your weekly benefit rate, and then become unemployed through no fault of your own. In addition, the wages you earned with the employer who discharged you cannot be used to establish a current or future claim for Unemployment Insurance benefits, or to remove a disqualification.

If you were fired, you will have a fact-finding interview either by phone or email to determine your eligibility. The examiner may request certain documentation as supporting evidence of your separation. The examiner will determine if you are entitled to benefits based on Unemployment Insurance laws and regulations. An exception to a disqualification based on willful misconduct may apply when the separation was related to or due to domestic violence.

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.

What can disqualify you from unemployment benefits in Texas?

You may be eligible for benefits if you were fired for reasons other than misconduct. Examples of misconduct that could make you ineligible include violation of company policy, violation of law, neglect or mismanagement of your position, or failure to perform your work adequately if you are capable of doing so.

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."

Is there a time limit to file for unemployment in 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.

Can you get unemployment if you get fired Maryland?

Maryland unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer lays off employees due to a loss of production as a direct result of COVID- 19, individuals may be eligible for unemployment benefits if they meet certain criteria.