In order to collect unemployment, you must meet two basic requirements. First, you must have earned at least a minimum amount, set by state law, in the time before you lost your job. Second, you must be out of work through no fault of your own. For more information about these requirements, see Who is Eligible for Unemployment Benefits in North Dakota?
If you lose your job in a layoff, reduction-in-force (RIF), or downsizing, you will be eligible for unemployment insurance benefits. But, these are not the only ways that employees lose their jobs. Your eligibility for benefits depends upon the reason you become unemployed.
If You Were Fired for Misconduct
Generally-speaking, if you are terminated, you can collect unemployment insurance benefits in North Dakota. But, there is an exception to that general rule in North Dakota:
You will be disqualified from receiving benefits if you are fired for misconduct connected with your work. In North Dakota, examples of misconduct include violating a posted or known rule, theft, unexcused absences, destuction of property, or insubordination. A longer disqualification period applies if you were fired for gross misconduct.
Each state defines misconduct. Check North Dakota's definition of misconduct to see if the reason given for your termination may disqualify you from receiving unemployment insurance benefits. If you were fired for a reason that does not fall within that definition, you may be eligible to collect unemployment insurance benefits in North Dakota.
You may be disqualified either for a set number of weeks or until you get another job and earn a minimum amount, depending on state law. In some states, the length of the disqualification period depends on why you were fired. Contact the Job Service North Dakota for more information.
If You Were Wrongfully Terminated
Sometimes employers fire employees for reasons that are illegal, such as an employee’s refusal to submit to sexual harassment. If you were fired for reasons other than misconduct, you may have been wrongfully terminated.
The definition of “wrongful termination” varies from state to state. If your employer fired you for no reason or for a reason that violates the law in North Dakota, you may be eligible for unemployment insurance benefits in North Dakota. If your employer fired you for a reason that you believe violates North Dakota law, or if you believe your employer fired you for a reason other than the reason it has given, you may want to speak to an employment lawyer. See Do I Need a Lawyer to Get Unemployment Benefits in North Dakota? for information on finding a lawyer.
If you believe you were fired because you complained about your employer's violation of wage and hour laws (like the laws entitling employees to overtime, the minimum wage, tips, breaks, and so on), visit our site on minimum wage and overtime law, which includes information on your rights to fair pay and how to find a lawyer if you think your employer owes you wages.
If you were denied unemployment benefits and you believe you were wrongfully terminated, you may want to appeal the denial by the Job Service North Dakota. See Can I Appeal a Denial of Unemployment Benefits in North Dakota? for information on filing an appeal.