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Can I file for unemployment if my former employer says I quit or was fired?

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Read time: 6 minutes

 

Requesting an eligibility hearing

If you believe you are eligible for unemployment benefits but your employer states that you quit or were discharged (fired), you can request a hearing. Both you and your former employer will be mailed a hearing notice and asked to provide a written statement about why you aren’t working for them. You can both submit evidence that supports your position. 

If you quit, you will have to prove that you had “good cause” because of wages, hours, or working conditions, including a breach of your employment agreement.

An adjudication specialist will review the letters and evidence submitted by you and your former employer. They will then conduct the hearing, consider all of the evidence, and make a decision. The specialist will write a decision letter and send it to you and the employer.

  • If the adjudicator decides you are eligible to receive unemployment benefits, you’ll receive payment for each week since you left the employer. Your former employer will also be given the opportunity to file an appeal on a benefits award decision.
  • If the adjudicator decides you aren’t eligible for unemployment benefits, you may file an appeal to the Employment Security Appeals Division. Learn how to file an appeal here.

Eligibility