To collect unemployment benefits after being fired or quitting, your termination must have been for financial reasons. More specifically, if you seek unemployment benefits after quitting your job, you must have quit for good cause, such as:. Further, an employee termination for unintentional actions or because of a layoff may not exclude an employee from receiving unemployment benefits.
Be aware, though, that in most cases, leaving your job because of dissatisfaction is not enough to apply for unemployment benefits. Note that students, recent graduates who have never been employed, and self-employed individuals are not eligible to receive unemployment benefits. Common types of misconduct might be:. Misconduct does not include behavior that amounts only to poor performance, such as carelessness, lack of skill, or errors made in good faith.
Some common examples of fraudulent behavior for collecting unemployment insurance UI benefits include:. UI tax fraud is any deliberate action taken by an employer to evade full unemployment tax liability. This could look like:. Overpayment is a common example of UI fraud, briefly mentioned above.
Overpayments often occur when false information is submitted during an unemployment claimant's weekly certification. The two types of overpayment that Tennessee recognizes are non-fraud and fraud overpayment.
Non-fraud overpayment occurs when you are not at fault for receiving benefits to which you were not entitled. Dalton, 55, was laid off from an executive assistant job in March and applied for unemployment. Her small mistake from three years earlier came back to bite her.
She burnt through savings, borrowed money, fell behind on her rent and ended up unhoused for six months, during which she lived with friends and stowed away on a docked sailboat.
That probationary period lasts three years. The benefits halt applies even to people who repaid the money plus a penalty, like Dalton, because the supposition is that they lied to get benefits — unless they file a successful appeal. Stephanie Dalton works at her computer in her apartment in Oakland.
Mayes and Assemblyman David Chiu, D-San Francisco, are sponsoring legislation, AB, to require EDD to send clearly written, separate notices to people who make mistakes, giving them 30 days to appeal the penalties and explaining what they allegedly did wrong. The bill also would allow claimants to pay back overpayments while explaining that their mistakes were made innocently, so they should not be penalized in the future.
When the pandemic started, thousands of newly jobless workers discovered that they had made past mistakes on the convoluted benefits forms and would have benefits reduced.
EDD created a stopgap fix for them. It let them collect Pandemic Unemployment Insurance, a new program created for self-employed people. That is what happened to Dalton, but the benefit amount was much less than she would have received with regular unemployment and penalty time was longer than the week caps. Include the reference number provided when you first reported the issue.
Note: To ensure the confidentiality and integrity of any investigation, the EDD does not provide status updates unless court-ordered or required by law. Purposefully providing false information or not reporting information to the EDD is committing fraud.
If you commit fraud, you could face a variety of serious penalties including:. Anyone who receives fraudulent benefit payments or avoids payroll tax reporting obligations will be prosecuted to the fullest extent of the law. For more information, visit Recent Fraud Convictions. The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.
If any questions arise related to the information contained in the translated website, please refer to the English version. The EDD is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information or changes in the formatting of the pages resulting from the translation application tool.
Some forms and publications are translated by the department in other languages. For those forms, visit the Online Forms and Publications section. More Information. If you opted in for SMS text alerts , messages are sent from or to the phone number you included on your unemployment claim. The EDD will not send representatives to your home or contact you via social media or other websites.
Unemployment Claims To avoid fraud charges and penalties, report all income including self-employment and independent contractor work. Disability or Paid Family Leave Claims It is a violation if you purposely make a false statement or knowingly conceal facts in order to obtain the payment of EDD benefits whether for yourself or any other person.
Examples include: Filing a claim with Disability Insurance for an injury or illness that does not exist. Helping another person file a false claim.
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