Will I be disqualified from receiving unemployment if I do not appeal my termination?

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Will I be disqualified from receiving unemployment if I do not appeal my termination?

My employer terminated me with a hand delivered letter. In it there were  instuctions on appealing the termination. I do not wish to appeal the termination. Will this disqualify my unemployment rights?

Asked on November 10, 2010 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you qualify for unemployment insurance depends on, first, whether you (1) left voluntarily or (2) left involuntarily--were fired, laid off, terminated, etc. If you left voluntarily, you are ineligible for UI. If you were involuntarily terminated, you *may* be eligible. The issue, in a termination or involuntary separation, is whether it was "for cause." If you were fired for cause--e.g. for insubordination, for excessive absenteeism, for violating policy, for theft or assault, etc.--you cannot get unemployment insurance. If you were fired for any other reason--reduction in force, restructuring, not doing well at the job, boss just didn't like you--you are eligible. So in terms of whether you should appeal, if it states you were fired for cause, or even implies that, you should definitely appeal because you ideally do not want that as the stated reason in your employer's file.


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