# Unemployment: Definition of "unemployed through no fault of your own" **URL:** \ **Category:** Factual Questions\ **Created:** [December 22, 2006, 3:28am UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175 "2006-12-22T03:28:35Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [March 9, 2017, 8:06pm UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/21 "2017-03-09T20:06:44Z")
> [@bump](#): > > I’d say that being terminated for performance is pretty much the definition of being terminated for reasons that ARE your fault. > > Ergo, I’d say you’re ineligible, but there’s no harm in double-checking and seeing if that’s indeed the case. Just to note that the OP was from over 10 years ago (and that he hasn’t posted since 2006); the thread was revived today by **dlh20023** in post #17 to ask their question. ---
**Author:** ![DrCube](https://avatars.discourse-cdn.com/v4/letter/d/a3d4f5/32.png) [@DrCube](https://boards.straightdope.com/u/DrCube)\ **Post date:** [March 9, 2017, 10:00pm UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/22 "2017-03-09T22:00:52Z")
> [@bump](#): > > I’d say that being terminated for performance is pretty much the definition of being terminated for reasons that ARE your fault. > > Ergo, I’d say you’re ineligible, but there’s no harm in double-checking and seeing if that’s indeed the case. That’s a common misunderstanding. You can be fired for literally anything. “For cause” usually means you were breaking the law, or just not showing up. If you were fired because the employer didn’t think you were doing X, Y, and Z job duties to his satisfaction, that’s usually not considered your fault for unemployment insurance purposes. I’m no expert, but I _was_ fired once and received unemployment benefits anyway. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 9, 2017, 10:07pm UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/23 "2017-03-09T22:07:37Z")
The general rule is that unemployment benefits are available unless (1) you abandoned or quit a job, or (2) were terminated for _misconduct_. That is a far higher bar than “for cause” or “for just cause.” It implies taking actions which are directly against the employer’s interests - stealing, repeated insubordination, violence, intoxication, and so on. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [March 9, 2017, 11:05pm UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/24 "2017-03-09T23:05:53Z")
Yes, being fired for poor performance makes you eligible in most states. You’ll want the unemployment office to make a determination though, because I had a friend who filed and they came and took the money back later on because he had been fired for cause. In his specific case, it was always being late, which probably counts more as misconduct then poor performance. I think what the basic idea is, is that if someone is a poor fit for a job for whatever reason, but makes a good faith effort to work but still fails, then they are unemployed through no fault of their own. But definitely apply, you could very well be eligible. ---
**Author:** ![Corry\_El](https://avatars.discourse-cdn.com/v4/letter/c/ecae2f/32.png) [@Corry\_El](https://boards.straightdope.com/u/Corry_El)\ **Post date:** [March 9, 2017, 11:07pm UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/25 "2017-03-09T23:07:53Z")
You can search specifically under ‘North Carolina’ ‘unemployment’ and ‘no fault of your own’ and a few legal sites come up explaining. For example on [nolo.com](http://nolo.com): "Under North Carolina law, the following examples will automatically qualify as misconduct, unless the employee can prove otherwise: … [a list of bad stuff OP didn’t do, but then also] receiving three or more write-ups for poor performance in the 12 months before the termination." > **[Collecting Unemployment Benefits in North Carolina](https://www.nolo.com/legal-encyclopedia/collecting-unemployment-benefits-north-carolina.html)** > > Learn the eligibility requirements for NC unemployment, the amount and duration of NC unemployment compensation, & how to file an unemployment claim in NC. So that last one might be a problem if 3 of the 5 times were within the last 12 months. But despite differences in state laws, which make examples from other states of limited value, a practical factor extending across jurisdictions is that the employer has to contest it, and may not. If a lawyer would tell you in a free consultation whether it was worth filing with your facts in NC, maybe consult one. But I don’t see a reason to pay for advice on this. Just apply and see. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [March 10, 2017, 12:30am UTC](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175/26 "2017-03-10T00:30:36Z")
> [@adaher](#): > > Yes, being fired for poor performance makes you eligible in most states. Are zombies eligible for unemployment? (This thread was started in 2006, and was resurrected by a new poster today.) [Previous page](https://boards.straightdope.com/t/unemployment-definition-of-unemployed-through-no-fault-of-your-own/385175.md?page=1)