Do You Have to Be Fired to Get Unemployment in the State of Nebraska?
- Generally, Nebraska provides Unemployment Insurance to those who lose work through no fault of their own. The most common definitions of this include layoffs and firings. Some exceptions apply to this rule. As per federal law, the only automatic disqualification from UI benefits constitutes firing for "lack of work." When an employer fires an employee, Nebraska allows the employee to make a case for why he should receive UI benefits. The state investigates this claim and speaks with the former employer before making a decision. Layoffs or loss of work due to the closing of a business automatically qualify individuals for UI provided they meet all other eligibility requirements.
- Nebraska provides UI benefits to individuals who voluntary leave work for a variety or reasons. Those forced into compulsory retirement for reasons other than misconduct may claim UI benefits in Nebraska, as may those who leave a job to escape domestic violence, move with a spouse, deal with personal illness or escape sexual harassment or discrimination on account of gender, race, ethnicity religion or other similar reason. Construction workers in Nebraska may claim UI benefits if they leave work for a new employment opportunity in the field that never comes to fruition. Other acceptable reasons for voluntarily leaving work include accepting a layoff in the place of another employee, fear of unsafe working conditions and refusal to relocate or perform an illegal act. Individuals who leave jobs voluntarily may face time restrictions when filing for unemployment.
- Federal law allows states to cancel UI benefits for individuals fired due to misconduct. In cases of gross misconduct, Nebraska cancels all benefits. Nebraska defines such misconduct as "gross, flagrant, willful or unlawful misconduct." Nebraskans fired for standard misconduct may seek unemployment benefits from the state. Fired employees must wait 12 weeks before filing for UI in Nebraska. This period constitutes a postponement of benefits, after which individuals may file. Postponement affects the amount of benefits an individual receives by altering the base period and thereby disqualifying some of the wages earned by an applicant from consideration.
- Nebraska maintains special UI provisions for individuals who lose work on account of labor disputes. No worker on voluntary strike may receive UI benefits in Nebraska unless the strike results from an employer's refusal to meet the provisions of a contract or state labor law. In the latter cases, individuals may file for UI benefits. Workers involved in labor disputes may claim UI benefits if neither they nor anyone in their pay grade or employee class participates in, finances or has a vested interested in the dispute.
