When unemployment is contested what are typical reasons to rule in favor of claimant?

When the error was brought to my attention I had to personally find my supervisor and ask how it will be handled and per my asking was informed there was nothing I can do to resolve issue, just wait. It took 7 days of my asking for an update to issue and being informed nothing known and nothing I can do to each time until for the company to decide to let me go. During this week I continued performing my same position with same duties. In these circumstances is it likely I can continue to receive benefits while looking for new job?

Asked on July 18, 2012 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone is laid off or terminated from work, they are entitled to receive unemployment (assuming they otherwise are eligible; e.g. have worked sufficient hours) as long as they were not fired "for cause." Someone is fired for cause when they do something like the following: are insubordinate; refuse a supervisor's or manager's instructions; violate company policy; commit a criminal act at work; excessive absenteeism; etc. So if you are let go and its not for cause, you should be able to receive unemployment; but if you give your employer cause to terminate you, such as by being insubordinate, then you may render yourself ineligible.


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