You have a right to file for unemployment and your State will determine your eligibility to receive unemployment based on their qualifying critera: Your earnings report, ability to work, registration for work, and submission of your job search.
If you you file a claim of discrimination against your employer, it must be based on criteria covered by the agency: Race, color, religion, sex, national origin, or handicapped or mental status. If you feel your unemployment claim was denied due to your filing of a discrimination claim, you should support that claim with some facts to support your belief and report it to the Intake Specialist of the agency assisting you. It would be unwise for an employer to deny your unemployment claim for inappropriate reasons for fear of expanding the charge to include a retaliation claim. The burden of proof is on the employer to support the reason or reasons they discharged you with cause to deny your unemployment claim in their response to the unemployment agency.
If you you file a claim of discrimination against your employer, it must be based on criteria covered by the agency: Race, color, religion, sex, national origin, or handicapped or mental status. If you feel your unemployment claim was denied due to your filing of a discrimination claim, you should support that claim with some facts to support your belief and report it to the Intake Specialist of the agency assisting you. It would be unwise for an employer to deny your unemployment claim for inappropriate reasons for fear of expanding the charge to include a retaliation claim. The burden of proof is on the employer to support the reason or reasons they discharged you with cause to deny your unemployment claim in their response to the unemployment agency.
