Can they fire me to avoid paying UIB?

[ellenr]

What is the name of your state? New Jersey
I already know employees have practically no recourse for firing without cause - ie discrimination. The previous employee was fired under circumstances very similar to mine, however she is now collecting UIB. With me they fired me just under the minimum time I would need to collect UIB.
Can that be considered a wrongful termination by law, if they have no other cause for firing? [They made up one- misconduct, but I can argue that, with evidence.]

thanks,
ellen

 

[Beth3]

Can that be considered a wrongful termination by law, if they have no other cause for firing? No.

 

[TinkerBelleLuvr]

Collecting unemployment benefits is based on the number of quarters that you have worked overall in the past 12-18 months, and the amount that you earned over the past 12-18 months.

If you worked for under 90 days, but have worked elsewhere for the prior year, AND you were not fired for cause, you can be eligible for unemployment benefits. You need to go down to the unemployment office to set it up.

 

[Betty]

They can fire you for misconduct (true or not)- you can be fired for any reason at any time as long as the reason wasn't due to a protected category - (ie sex, religion, ethnicity) or unless you had a bona fide employment contract or CBA to the contrary.

I would go ahead & file for unemployment benefits - it can't hurt to try. Had you worked elsewhere previously?