Can I file for unemployment if I have not been told I have been fired and can't find out? 10 Answers as of April 29, 2013

On 4-12-13 I was informed I was suspended pending an investigation. I am an LPN work at a nursing home. When I arrived at work on 4-12 the administrator had left for the day so I was not informed then what this was about. I was not called until 4-16-13 to be informed. A resident maid a claim that I said are you going to speak English when she asked to call sister. this is a very confused resident with dementia and is routinely known to make false statements because of her confusion. As of 4-26-13 I have talked to my boss once on 4-16 for four minutes, have not been called back to say I have been fired, but she will not take my calls so I don't know what is going on.

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Adams, Liming & Hockenberry, LLC
Adams, Liming & Hockenberry, LLC | Sharon Cason-Adams
You should definitely apply for unemployment and explain the details as you know them. It is important to inform unemployment that you do not have any history of similar complaints and no history of discipline for the same or similar "infractions."
Answer Applies to: Ohio
Replied: 4/29/2013
Law Office of Patricia S. Rose | Patricia S. Rose
You can but it is best to wait; try to call one more time and/or call for a consult with a lawyer like me.
Answer Applies to: Washington
Replied: 4/29/2013
Steven Miller | Steven Miller
Yes tell the edd you have been "constructively terminated", by the reasons you told me.
Answer Applies to: California
Replied: 4/29/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
Yes, you may file your UI claim. Even though you have not been separated, you are unemployed, under this GA law: An individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to him or her To receive unemployment, you do not have to be separated, you just have to be unemployed. You should do this ASAP, for 2 reasons: 1) UI takes about 3-4 weeks to process, before the payments begin. The sooner you start, the sooner you get your $$ 2) This will force the employer to do something. They may return you to work, because of the UI claim. So long as you report your earnings to GA DOL, in the week they are earned (not week you get paid) you do not need to worry about doing anything wrong. If this goes to a hearing, you need an attorney to win this one. Do not go to your hearing alone.
Answer Applies to: Georgia
Replied: 4/29/2013
Coane and Associates
Coane and Associates | Bruce Coane
You can certainly file, if your employer is not paying you and not allowing you to return.
Answer Applies to: Texas
Replied: 4/29/2013
    Fox & Fox, S.C. | Richard F. Rice
    Yes, you can file for unemployment but it is not clear if you will be eligible to receive unemployment.
    Answer Applies to: Wisconsin
    Replied: 4/29/2013
    Lydy & Moan | C. Gary Wilson
    Yes.
    Answer Applies to: Ohio
    Replied: 4/29/2013
    Law Office of Jack Longert, LLC | Jack Longert
    You should file, then the employer will have to explain their actions to the Unemployment Claims Deputy, if this is in Wisconsin.
    Answer Applies to: Wisconsin
    Replied: 4/29/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    No. You should retain legal counsel to determine the status of your employment.
    Answer Applies to: New York
    Replied: 4/29/2013
    Law Offices of William S. Lindheim | Fred Fong
    Normally, an applicant can seek unemployment insurance benefits (U.I.) if he or she has been terminated or even temporarily suspended. So long as you are ready, willing and able to work, you should qualify. The employer can defend the case by saying that you have been terminated for legitimate misconduct which will act as a bar to U.I. benefits. So, it depends on the nature of the misconduct that will determine whether the employer will win or not.
    Answer Applies to: California
    Replied: 4/28/2013
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