[thetopher]

This isn’t true in California, and I don’t think it’s generally true in other states either.

A fired employee is still eligible for unemployment as long as they were not fired because of specific misconduct. Poor performance does not constitute misconduct. Misconduct must be “willful and wanton.” (Regularly missing work or being late, stealing, fighting with coworkers, etc.)

The CA guidelines are long, but contain some useful examples and guiding principles: https://edd.ca.gov/en/uibdg/Misconduct_MC_5/

[giantg2]

Good point. My company generally finds "misconduct" reasons to let someone go, like long lunch breaks, being late, computer use like logging into personal accounts etc. They are very lenient about a lot of stuff in practice, but the official policies are much stricter. They basically have enough policies that they can get almost anyone for violations. It's all about having many rules and unequal enforcemnt - it's much like the regular legal system that way.

[1123581321]

You can still fight misconduct claims to UI by asserting problems with the work environment. Specific advice would vary by state. There is no reason an employee shouldn’t try.

[bluGill]

If how the company acts in practice is different from their written rules, then anyone fired can sue the company for wrongful dismissal. Check with a lawyer.

[giantg2]

The tough part is solid evidence supporting it.

[greedo]

It's incumbent on the employer to provide evidence to the UI board proving their case.

[bluGill]

A fired employee can sue for wrongful dismissal. If this happened to your check with a lawyer, if you can show that the company had a pattern of overlooking such things, then you can get big bucks in court.

I know of people who should have been fired who were talked into quitting instead just because quitting means they can't sue. In turn the company gives the official answer "X worked here between these dates and left in good standing". Since the company always said the same thing when asked if someone worked there it wasn't a negative to the next employer, while if they fired they would have to say left in bad standing.

Of course since getting fired is a sensitive issue I won't say who. Reading between the lines in conversations and how the company acted though I'm sure that is how it worked.

[greedo]

Any company that states that an employee left "in bad standing" either has an idiot for counsel, or poor HR practices. Providing any information other than employment dates opens you up for lawsuits.

[bluGill]

Which is why the company works hard to convince someone who should be fired to quit. If they fire someone and don't mention that fact they can be sued for withholding information, but if the person quit on their own terms.

Note that there is a difference between being sued and losing in court. Even if you win you still need to pay your lawyers. I've had one lawyer tell me about spending nearly a million dollars in court for a case that was about $100,000 in asked damages that the lawyer knew based on facts they would lose - but [I can't talk about this part] made it impossible to figure out how to settle out of court.