If I was fired because I didn’t follow procedures, can still get unemployment benefits?

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If I was fired because I didn’t follow procedures, can still get unemployment benefits?

The reason I didn’t follow procedure was because a co-worker who had been there longer then I, told me to do it incorrectly. I thought that policy must have changed and I was not informed of it (which has happened at my place of business before). The rest of the reason I was fired was because I was out of balance, but my co-workers have been out of balance the same amount or more. I was in banking and I feel I was not trained properly by my manager. I have lived here for 7 months and worked in my position for 7 months before I was in CA.

Asked on February 2, 2011 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF the former employer choose to contest your unemployment application, you might not be entitled to it. That's because unemployment is not available when an employee is fired "for cause" (as opposed to laid off, restructured, or terminated without cause, which an employer can do as long as there is no employment contract or unlawful discrimination), and good cause for termination includes (1) not following work rules or procedures; or (2) either theft or negligence at work (and being out of balance could arguable be either of these, as well as being another example of not following rules). Therefore, your employer could characterize your termination as being for cause. You could appeal any denial, but if you didn't follow procedures, etc., they'd likely be on firm ground. You won't know, though, until you attempt to file.


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