If you are a new hire and are fired during the initial 90 day probation period, are you still eligible to receive unemployment benefits?

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If you are a new hire and are fired during the initial 90 day probation period, are you still eligible to receive unemployment benefits?

Asked on December 4, 2015 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Were you fired for what is called "cause"? This means were you fired for some type of misconduct (e.g. violation of company policy, absenteeism, insubordination, theft, any intentional act against the employer's interests, etc.). If not, then you should be eligible to collect unemployment benefits assuming that you earned the minimum amount set by the state over the 4 reporting quarters (i.e. the quarters predeeding the quarter in which you will file).
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, legally you may receive unemployment benefits (if you are eligible for them) so long as you were not fired "for cause"--i.e. not fired for absenteeism, insubordination, violating company policy, committing a crime at work, lying on your application, etc. 
To be eligible, you must have earned at least $3,500 during the 4 calendar quarters preceding the quarter in which you would file


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