What Disqualifies You
From Unemployment Benefits?
Not every job loss qualifies. Here are the exact reasons that disqualify you — and which ones are more negotiable than you think.
👇 Most relevant for your situation
Every year, millions of Americans are denied unemployment benefits — and a significant portion of those denials are wrong, or could have been avoided with the right information. Understanding what actually disqualifies you versus what your employer or the state incorrectly claims disqualifies you is critical.
The rules come from both federal guidelines and your state’s specific laws. While there’s a common framework, the details matter — especially for gray-area situations like quitting for personal reasons or being fired for performance issues.
The Main Disqualifying Reasons
🔴 Fired for Gross Misconduct
Theft, fraud, violence, or deliberate policy violations after repeated warnings. This is the most common disqualifier — but the legal bar is higher than most employers imply.
🔴 Voluntarily Quit Without Good Cause
If you chose to leave your job without a legally recognized reason, most states will deny your claim entirely — unless you can prove the quit was justified.
🟡 Refused Suitable Work
Turning down a reasonable job offer that matches your skills and experience can suspend your benefits. “Suitable” is defined by your state — salary and distance matter.
🟡 Insufficient Work History
You must have earned enough wages during your “base period” — typically the first four of the last five calendar quarters — to establish a valid claim.
🟡 Not Available or Actively Searching
You must be able to work, available for work, and actively applying each week. Failing to meet weekly job search requirements can suspend your current benefits.
🔴 Self-Employed or Starting a Business
Once you’re considered self-employed, you generally don’t qualify for regular unemployment — though some states have special programs for gig and contract workers.
Voluntary Quit — The Most Misunderstood Rule
Quitting your job is the most common reason for denial — but “voluntary quit” has important exceptions that many people don’t know about. In most states, you can still qualify if your quit was for “good cause”.
Good cause typically includes:
- Unsafe or illegal working conditions your employer refused to fix
- Significant reduction in pay or hours without your agreement
- Being asked to relocate an unreasonable distance without compensation
- Workplace harassment or discrimination your employer failed to address
- Serious illness of a family member requiring your care (varies by state)
- Domestic violence forcing you to leave for safety
- Following a spouse who relocated for work (in some states)
Wondering what you could still receive?
Even if you’re unsure about eligibility, find out exactly how much unemployment you could receive in your state — before you decide whether to file or appeal.
💵 How much unemployment could you receive? →Free calculator · All 50 states · No signup required
Misconduct: A Narrower Definition Than You Think
Being fired for “misconduct” is the #1 reason employers contest unemployment claims — but the legal definition of misconduct is much narrower than what employers often claim. To disqualify you, your employer must prove the behavior was intentional and willful, not just a mistake or performance issue.
| Situation | Qualifies? | Why |
|---|---|---|
| Fired for missing targets | Usually YES | Performance ≠ misconduct |
| Fired for one policy violation, no prior warnings | Usually YES | No pattern of willful behavior |
| Fired for repeated violations after written warnings | Usually NO | Willful disregard established |
| Fired for theft or fraud | Always NO | Gross misconduct in all states |
| Fired for attendance (medical reason) | Often YES | May be protected under state law |
| Fired for social media post | Depends | Was there a clear written policy? |
| Fired for failing a drug test | Depends | Varies widely by state |
Denied for misconduct but you disagree with that label?
An employment attorney can review your specific situation in a free consultation and tell you whether your employer’s misconduct claim holds up legally — and whether you have grounds for a wrongful termination claim on top of your unemployment appeal.
Talk to an Employment Attorney Free →Weekly Requirements That Can Suspend Your Benefits
Even after you’re approved, you can lose benefits week-by-week if you fail to meet ongoing requirements. These are not permanent disqualifications — but they cost you real money:
- Failing to certify on time for a given week
- Not making the required number of job applications (usually 2–5 per week)
- Becoming unavailable for work — traveling out of state, illness without documentation
- Refusing a suitable job offer without a documented good reason
- Starting school full-time without prior approval from your state
- Not reporting part-time or gig income accurately
Things That Do NOT Disqualify You
Being fired for poor performance · Having a gap in employment before this job · Being part-time before being laid off (in most states) · Receiving a severance package · Having a criminal record (in most states) · Being on a visa (H-1B holders may qualify) · Being over 65 · Having another source of income like investments or rental income
Denied and not sure why — or if it’s even legal?
Rocket Lawyer’s on-call attorneys can review your denial letter and explain whether the stated reason actually holds up under your state’s law. Start with a free 7-day trial — no hourly rate, just clear answers.
Review My Denial Letter →Think your disqualification was wrong?
Most denials based on misconduct or voluntary quit can be successfully appealed. See our complete step-by-step guide before your deadline runs out.
Frequently Asked Questions
Not necessarily. If the conditions were genuinely intolerable — harassment, unsafe conditions, illegal activity, significant pay cuts — most states recognize this as “good cause” for quitting and will still approve your claim. The key is documentation: HR complaints, emails, medical records, or witness statements that show you tried to resolve the situation before leaving. If you quit without documenting the reasons, your claim becomes much harder to approve.
Not always. If your absences were due to a documented medical condition, a disability protected under the ADA, or a family emergency, many states will not treat attendance-based termination as misconduct. The key factors are whether there was a pattern of unexcused absences after written warnings, and whether you had legitimate documented reasons for the absences. A single attendance incident almost never meets the misconduct bar.
Being fired during probation is typically treated the same as any other termination — the standard of misconduct still applies. “Not a good fit” or “didn’t meet expectations during probation” is generally not misconduct. File your claim and describe the termination accurately. Many probationary terminations are approved because the employer cannot document intentional wrongdoing.
It depends on whether the job was “suitable work” by your state’s definition. Factors include whether the pay was comparable to your previous job, whether the commute was reasonable, and whether the work matched your skills and experience. You generally cannot be penalized for refusing a job that pays significantly less than your previous role or requires an unreasonable commute. Document your reason for declining in writing.
Yes — but the calculation uses your entire base period (usually 12–18 months of recent earnings), not just your most recent job. If you worked multiple jobs, all qualifying wages count. Even if you only worked a short time at your last employer, wages from previous jobs in the base period may be enough to establish a valid claim. Always file and let the state do the calculation.
Disclaimer: Disqualification rules vary by state and individual circumstance. This content is for informational purposes only and does not constitute legal advice. Consult your state’s unemployment agency or a licensed employment attorney for advice specific to your situation.