Can I draw unemployment?

[TAMARA41]

What is the name of your state?Arkansas
I was fired 2 months ago and am trying to claim my unemployment but the employer is fighting it. I have appealed the decision and also wondered what will happen if that appeal is denied? Can I appeal again?
I have heard that if you are fired, you can draw unemployment automatically after 6 or 8 weeks, have I been given the correct information?

 

[pattytx]

I have no idea how many times you can appeal a ruling in your state. However, unless you have new information to present, it very unlikely you will prevail. Not knowing what you were fired for leaves us at a disadvantage for forming an opinion. Having said that, it's what the adjudicator says, and not our opinion, that counts.

UI is normally granted "provisionally" upon the processing of your original claim. As it happens, I can tell you from personal experience that all the notices I have received, when receiving my first notification of benefits, it always stated that the employer had the right to appeal. And that if it was determined that you were not entitled to benefits at all, you would have to pay them back.

 

[cbg]

I have heard that if you are fired, you can draw unemployment automatically after 6 or 8 weeks, have I been given the correct information?

No, you have not, not unless your state is quite unusual. Much depends on why you were fired. If you were fired for embezzling $20,000 out of the payroll account, or committing an act of workplace violence, or sexually harassing someone, you're not going to get unemployment, period.

Since you haven't told us why you were fired, there's no way we can judge what the chances of your collecting unemployment are. My sources on Unemployment law are not as complete as my sources for some other state laws, but they suggest that in SOME instances you MIGHT be eligible after 8 weeks. They do not by a long shot suggest that it's automatic.

Generally a second appeal is permitted. However, as Patty says, unless you have new or additional information that was not available initially, it's unlikely that a second appeal will do you any good.

It's up to you whether you want to supply any more info or not, but we can't give you any further answers without it.