You might be able to get unemployment, but it depends on why you were fired. If you did something wrong by accident, you might be able to collect benefits. It is up to your boss to prove you did something wrong on purpose.
Apply for unemployment right away no matter why you're not working. You don't need a pink slip. You should apply even if your boss says you can't collect or you worked off the books for cash. Only the unemployment office can say whether you can collect. After you apply, you will have a "fact finding hearing." You will find out at that hearing if you can collect. (See below.)
This article talks about:
- Reasons you might get benefits
- Reasons you will not get benefits
- How to apply
- After you apply - the fact finding hearing
- How to appeal
and more
Reasons You Might Get Benefits
If you did something wrong by accident, you might be able to collect benefits. For example, you might get benefits if you were fired for these reasons:
- Your boss said you weren’t doing a good enough job, but you tried your best.
Something happened outside of work and has nothing to do with your job. (For example, you got a speeding ticket and driving is not part of your job.)- You had accidents or made mistakes.
- You can prove your alcohol or drug problem caused you to do something wrong. Ask the unemployment office for a form that your counselor or AA sponsor can fill out.
Reasons You Will Not Get Benefits
If your boss can prove you did something wrong on purpose, you will not be able to collect benefits.
Not Following the Rules at Work
You may hear the words "wilful misconduct." This means you knew you did something that harmed the company or other employees. For example, you will not get benefits if you were fired because you:
- Committed a serious crime (a felony) at work
- Stole something at work
- Lied (for example on your time card or job application)
- Failed a drug or alcohol test that is required by law
- Fought at work
- Slept on the job
- Drank or used drugs at work.
Absent / Not Going to Work
You will not be able to get benefits if your boss can prove:
- You were out 3 times during the last 12 months; and
- You either did not have a good reason OR you did not call and tell your boss.
Note: Two days out in a row counts as one absence.
You might be able to collect if you prove you had a very good reason for being absent AND you called your boss.
Late to Work
You will not be able to get benefits if your boss can prove:
- You were late at least 3 times during the last 12 months,
- You did not have a good reason, and
- You were warned not to be late.
Applying for Unemployment
You can apply by phone or online. You may hear the words "file a new claim" or "apply for benefits." They mean the same thing.
Telephone
Call theTeleBenefits number for your area. (See below.)
Online
Go to www.ct.gov/dol
Choose File a New Claim.
What happens after I apply?
If you quit or were fired, you will have a hearing called a "fact finding hearing.” If you were laid off, you should be able to get unemployment without a hearing.
Hearing Notice
You will get a notice in the mail telling you when and where the hearing will be held. It may be held in person or by phone. The notice will have the "issue" that will be looked at during the hearing. Here's an example:
Issue: Whether the claimant was fired for wilful misconduct...
This means the hearing will be about - whether your boss can prove that you did something on purpose that harms the company or other employees.
✔ Apply for unemployment right away…no matter why you left your job.
✔ Don’t quit -- unless you have a job and don’t need unemployment. If you quit, it is up to you to prove you should collect. If you are fired, it is up to your boss to prove you should not collect. See our article, Your Rights to Unemployment Benefits: Can I Collect if I Quit My Job?
✔ If you are on state welfare, see below.
The Fact Finding Hearing
A fact finding hearing is more like an interview than a formal hearing. You will have a chance to explain your side. Your boss will have a chance, too.
- You will probably not get benefits if you don't take part in your hearing. If you can't go to the hearing, ask for a different day right away.
- Your boss can go to the hearing, take part by phone, or mail in a statement.
- If you do not speak or read English well, ask for an interpreter right away.
- You can explain your story, show paperwork, and have witnesses to help prove your case. (Paperwork could be time cards, doctor's letter, etc.)
- If your hearing is by phone, ask how you can mail or fax your paperwork.
The Fact Finder's Report
At the end of the hearing, the fact finder will write a report about the hearing. The fact finder will ask you to sign the report or to agree to your statement over the phone. Before you sign or agree to your statement, make sure it is correct. If there are mistakes, ask the fact finder to fix them.
- If you are denied benefits, you can appeal.
If you appeal, you will get a hearing. A "referee" takes a new look at your case, including anything you want to add that you did not say at the fact finding. The referee will decide if you can get benefits. Keep reading to find out more.
How to Appeal the Fact Finding Decision
You have 21 days from the date of the decision to file your appeal. You can use an appeal form or write a letter. If you are late, you should appeal anyway and explain why you were late. (It must be a very good reason. For example, you did not receive the decision.)
Online Form:
- Fill out and file an appeal: http://www.ctdol.state.ct.us/appeals/apfrmnt.htm
- Print out a copy for yourself.
Paper Form:
- Get an appeal form at your local unemployment office or appeals division office.
- File it in person, by mail or by fax.
- Keep a copy for yourself.
Letter:
- Write a letter. Include your name, address, social security number and the date of the decision you want to appeal. Explain why you think the decision is wrong.
- File it in person, by mail or by fax.
- Keep a copy of the letter for yourself.
What happens after I appeal?
After you send in your appeal, you will get a hearing notice in the mail. The notice will have the date, time, place and the issue that the referee will cover at the hearing. (If you do not get a notice within a month, call the unemployment office to ask about your appeal.)
- If you cannot go to the hearing, you should ask for a different day (postponement) right away.
- If you do not speak or read English well, ask for an interpreter right away.
The Referee Hearing
A referee hearing is not as formal as court, but it is more formal than a fact finding. The referee will explain what happens at the hearing. The referee acts like a judge and looks at all the evidence.
- Everyone involved (you, your boss, all witnesses) must testify under oath. (This means swear that what they say is true.)
- The hearing will be recorded.
- Usually the only thing talked about is the issue that is written on your hearing notice.
- The referee will start by going over the fact finder’s report and other documents from the first hearing.
- The referee will question you and your boss. Listen carefully to the questions and answer as completely and correctly as you can.
- The referee will ask if you have anything else to add.
Important: The referee will look only at information from the two hearings. Once this hearing is over, you cannot give other information (unless the referee keeps the record open). This hearing is your only chance to have witnesses testify or to give paperwork to prove your case. Bring 2 copies of everything.
Tips to Get Ready for the Referee Hearing
Before Your Hearing
- Start right away. You need time to plan how you can explain your side and find evidence. You can use witnesses and written evidence.
- If you have a witness, find out what he will say. Make sure your witness will be on time and know where to go.
- Find and make a few copies of your written evidence (documents, papers, copies).
- Write down what you want to say to show you didn't commit "wilful misconduct." Bring these notes to the hearing.
- Write down questions you want to ask witnesses. Bring these notes with you to your hearing.
- Watch a free video that explains what happens at referee hearings. You can watch online (www.ct.gov/dol), at the unemployment office, or ask for a copy.
At Your Hearing
- Get to the hearing at least 15 minutes before it will start. If you will be late, call the unemployment office. (The phone number is at the top of your hearing notice.)
- Bring a pen and paper for taking notes (so you can ask good questions and respond to the testimony).
- If you don't understand what the referee is saying, tell him.
- Answer questions honestly. Don't add extra information.
- Listen to what the other side says. Do not interrupt. You will get your turn to ask questions and respond.
- Try to stay calm. Being rude or arguing will not help.
SNAP (Food Stamps) and State Welfare
Will my state welfare benefits go down if I get unemployment?
Yes, your state welfare cash benefits will go down by the same amount you get from unemployment. This means that if you get $100 in unemployment, your state welfare will go down by $100.
If your unemployment benefits make your state welfare benefits go down a lot, you may want to drop the state welfare benefits.
If I am fired, will I lose my food stamps or state welfare?
If you are fired for wilful misconduct, you may lose some or all of your state welfare (TFA) and food stamp (SNAP) benefits. And, if you are applying for state welfare or food stamps, you might be denied.
You can appeal to the Department of Social Services if you do not agree with their decision. See our article, TFA Time Limits and Other Programs Available.
If you are fired for wilful misconduct, you may not be able to get other State benefits.
You could lose:
- Food stamps (now called “SNAP” benefits)
- State welfare cash benefits (also called "TFA")
See our article, Temporary Family Assistance Program (TFA).
Collecting Unemployment in the Future
If you are denied now because of the reason you were fired, you will not be able to collect unemployment benefits until you
- Find another job, and
- Earn enough money (about five weeks of pay that you made at your old job).
Remember, apply for unemployment right away. Only the unemployment office can decide if you can get benefits.
Are There Any Programs That Can Help While I Am Not Working?
Call Infoline at 2-1-1 or Statewide Legal Services at 1-800-453-3320 to find out about getting help with your basic needs for food, money, health care, housing, and more.
TeleBenefits Claim Telephone Lines
Ansonia: 203-230-4939
Bridgeport*: 203-579-6291
Bristol: 860-566-5790
Danbury: 203-797-4150
Danielson*: 860-423-2521
Enfield*: 860-566-5790
Hamden: 203-230-4939
Hartford: 860-566-5790
Manchester: 860-566-5790
Meriden: 860-344-2993
Middletown: 860-344-2993
New Britain: 860-566-5790
New London: 860-443-2041
Norwich: 860-443-2041
Stamford: 203-348-2696
Torrington*: 860-482-5581
Waterbury: 203-596-4140
Willimantic: 860-423-2521
- *If you live in Kent, North Thompson, Salisbury, Sharon, Stafford Springs, Westport or Wilton: call 1-800-354-3305 (not available statewide)
- If you live out of state: call 1-800-942-6653
- TDD/TTY users: call 1-800-842-9710
This booklet was produced by the Legal Assistance Resource Center of Connecticut in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.
The information in this booklet is based on laws in Connecticut as of 7/2011. We hope that the information is helpful. It is not intended as legal advice for an individual situation. Please call Statewide Legal Services or contact an attorney for additional help.
