You are always entitled to file a uc claim. Eligibility must be decided. Certain conditions must be met, monetary and non-monetary. Termination from a job falls under the non-monetary decision making process. So, I am assuming there is financial eligibility (monetary decision) for the uc claim when answering this question.
If you are terminated from a job due to willful misconduct on your part and knowingly not following procedures that would normally be in an employer's best interest, then you could be ruled ineligible under the non mon decision. It is the employer who has the burden of proof in a termination. They must have info to prove their claim.
When you call to file your claim, or reopen an existing claim, you will be asked the reason for your separation. A questionnaire will be filled out per the phone call by an interviewer. They will select the questionnaire that best fits your discharge. The employer will be contacted and given the opportunity to address the same questionnaire. Under the ideal conditions, a determination will be made in 8 days. Sometimes, due to circumstances beyond the service center's control, it may take longer. Answering claimant's phone calls are number one priority, so sometimes all available staff, even the adjudicators are logged on the phone system taking incoming calls.
If the claimant's questionnaire answers and the employer's answers are different (tell a different story), then the parties will be contacted for rebuttal. If a party does not answer the call when the adjudicator calls, they are given 48 hours, but only if the adjudicator gets to leave a message on voice mail, or leaves a message with whoever answers the phone. If there is no voice mail or no one answers, then a letter is mailed and the party is given 7 days to answer.
The determination will be made when all the information is received, or when the dates of the pending information expire. If either party does not get their information to the service center, then a determination is made based on the information received. So, it is best to get your information in timely. Either party is given 3 appeal opportunities. Good luck.
If you are terminated from a job due to willful misconduct on your part and knowingly not following procedures that would normally be in an employer's best interest, then you could be ruled ineligible under the non mon decision. It is the employer who has the burden of proof in a termination. They must have info to prove their claim.
When you call to file your claim, or reopen an existing claim, you will be asked the reason for your separation. A questionnaire will be filled out per the phone call by an interviewer. They will select the questionnaire that best fits your discharge. The employer will be contacted and given the opportunity to address the same questionnaire. Under the ideal conditions, a determination will be made in 8 days. Sometimes, due to circumstances beyond the service center's control, it may take longer. Answering claimant's phone calls are number one priority, so sometimes all available staff, even the adjudicators are logged on the phone system taking incoming calls.
If the claimant's questionnaire answers and the employer's answers are different (tell a different story), then the parties will be contacted for rebuttal. If a party does not answer the call when the adjudicator calls, they are given 48 hours, but only if the adjudicator gets to leave a message on voice mail, or leaves a message with whoever answers the phone. If there is no voice mail or no one answers, then a letter is mailed and the party is given 7 days to answer.
The determination will be made when all the information is received, or when the dates of the pending information expire. If either party does not get their information to the service center, then a determination is made based on the information received. So, it is best to get your information in timely. Either party is given 3 appeal opportunities. Good luck.
