Anyone Who Is Unemployed Due to Any Reason, They Are Eligible to Apply for Unemployment
Video Transcribed: You all have been reading the news, and there’s a question about, “Am I eligible to apply for unemployment if I was terminated from my job and not laid off due to COVID or the pandemic reasons or furloughed because of lack of work?”
Anyone who finds themselves in a state of unemployment due to any reason that they’re not currently working for their employer, they are eligible to apply for unemployment. You have a right to apply for unemployment. You may not necessarily receive the benefits, but you always have a right to open a claim and file.
There are two criteria that makes you eligible to apply for unemployment. You had to have worked for your employer for a certain amount of time, and also you had to have been paid a certain amount of money from your employer. If you’re terminated from your job, there may be a third hurdle to overcome, and that is, were you terminated from your job for misconduct?
If you were terminated from your job for misconduct, your employer will have the burden. So that means that they have to prove to the unemployment commission that you were terminated due to misconduct and you don’t deserve your benefits.
And you will have the right to request a hearing to contest that and to let the Employment Security Commission know that you were not terminated for misconduct, but you may have been terminated for another reason that does not rise to the level of misconduct.
So if you have any questions about that, you always have the right to an attorney at a hearing. If you appeal your denial of unemployment benefits, make sure you read all your mail carefully that you receive from the Oklahoma Employment Security Commission.
If you’d like to talk to me or another attorney, I always encourage you to reach out regarding these unemployment issues as sometimes it’s better to get explained from someone who has conducted several hearings.