Can I qualify for ui if I get fired?

Asked almost 3 years ago - Snellville, GA

Can I qualify for unemployment of my employer fires me for poor performance or misconduct in ga?

I have been working for this company for 2 years and I recently got a pip 4 months ? This was my first write up/pip since I've been working there, in fact before that I never had issues until now. I over heard my boss telling someone that I'm not working out(my job is not up to standards) if I get fired will I be able to collect? What if I'm also owed over time from a year ago? Will I still be able to get paid for overtime even though I get fired? Please help!!!!!!

Attorney answers (3)

  1. Charles Edgar Hoffecker

    Contributor Level 4

    Answered . Georgia is a right to work state and an employer can separate an employee for just about any non-discriminatory reason. Termination for a violation of work rules, policies and procedures or other related employer imposed job criteria generally may result in unemployment being denied. However, you can always apply for unemployment benefits and let the claims administrator decide. You and your employer then have various appeal rights with the DOL as well. Please be aware that if you apply and are given any unemployment benefits which are later deemed to not have been appropriate, the DOL has the right to require you to repay benefits paid to you.

  2. Dean Richard Fuchs

    Contributor Level 13

    Answered . It really depends on whether you were warned in advance of your performance-related issues and whether you were given an opportunity to correct the problem. If you tried your best, but just couldn't meet the employer's expectations, you should still be eligible to receive UI benefits. If, on the other hand, you violated the employer's rules/policies, and you knew of those policies in advance, you will probably not qualify for benefits. That said, the burden is on the employer, so you should certainly apply and force the employer to demonstrate why you should not receive UI benefits. Good luck.

    This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-... more
  3. Meghan Hayes Slack

    Contributor Level 16

    Answered . If you are terminated, you should file for unemployment. You can generally get unemployment if you are terminated because of poor performance, however, misconduct is another issue. Your posting did not mention what you may have done that would be considered misconduct, but that would make it much less likely that you would get benefits. Misconduct refers to some sort of bad behavior, such as disregarding company policy or insubordination. However, even if your boss tells you that you are being terminated for misconduct, you should still apply for benefits. It would be up to the unemployment office to determine if you are eligible. You can find out more information about GA unemployment benefits here:

    http://www.dol.state.ga.us/js/unemployment_bene...

    You should calculate whatever unpaid wages you are due. Try contacting your local Department of Labor for assistance. That office may be able to assist you in recouping any unpaid wages. However, you may need to file a claim against your employer in court, in which case, you may need to a local attorney for assistance.

    In calculating your unemployment benefit, unemployment agencies will usually consider the total amount you earned over a set period of months prior to your termination. That means, if you received overtime, the agency would use your overtime pay in addition to your regular pay to help determine what your benefit amount would be. You will only receive a percentage of the amount you earned at work for your weekly unemployment benefit.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more

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