Unemployment After Being Fired in Virginia
Whether you can collect unemployment in Virginia after being fired, what counts as misconduct, and how to appeal a denial.
Short answer: If you are discharged for misconduct connected with your work, you are disqualified until you work for an employer for 30 days or 240 hours and then become separated again. Va. Code § 60.2-618(2)
| If you were fired | If you are discharged for misconduct connected with your work, you are disqualified until you work for an employer for 30 days or 240 hours and then become separated again. The law's examples of misconduct include a confirmed positive test for a non-prescribed controlled substance under a known workplace drug policy, and lying about past criminal convictions on a job application. Other examples are willfully violating a state standard in a way that would get a licensed employer sanctioned, and chronic absenteeism or tardiness that deliberately violates a known policy, or unapproved absences after a written warning. The VEC may consider mitigating circumstances. Source: Va. Code § 60.2-618(2) |
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| Appealing a denial | You must appeal within 30 days from the date the determination letter was mailed, explaining in writing why you disagree. File through the Customer Self Service portal, or by mail or fax ((804) 786-8492). A hearing officer holds a hearing, and you can appeal that decision further. |
Where to get help in Virginia
More Virginia unemployment benefits
- Logging In to Your Virginia Unemployment Claim
- Unemployment for Self-Employed and Gig Workers in Virginia
- Unemployment After Quitting in Virginia
- How Much Unemployment Pays in Virginia
- How to File for Unemployment in Virginia
- All Virginia unemployment benefits rules
FAQ
Can you get unemployment if you were fired in Virginia?
If you are discharged for misconduct connected with your work, you are disqualified until you work for an employer for 30 days or 240 hours and then become separated again. The law's examples of misconduct include a confirmed positive test for a non-prescribed controlled substance under a known workplace drug policy, and lying about past criminal convictions on a job application. Other examples are willfully violating a state standard in a way that would get a licensed employer sanctioned, and chronic absenteeism or tardiness that deliberately violates a known policy, or unapproved absences after a written warning. The VEC may consider mitigating circumstances.
How do I appeal an unemployment denial in Virginia?
You must appeal within 30 days from the date the determination letter was mailed, explaining in writing why you disagree. File through the Customer Self Service portal, or by mail or fax ((804) 786-8492). A hearing officer holds a hearing, and you can appeal that decision further.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.