Unemployment After Being Fired in West Virginia
Whether you can collect unemployment in West Virginia after being fired, what counts as misconduct, and how to appeal a denial.
Short answer: Workers fired for misconduct cannot receive benefits. If you were discharged for reasons that are not willful misconduct, you may qualify. WorkForce WV, Claimant Handbook, "Qualifying for UI Benefits" and glossary
| If you were fired | Workers fired for misconduct cannot receive benefits. If you were discharged for reasons that are not willful misconduct, you may qualify. WorkForce WV's handbook describes misconduct as careless or deliberate behavior that gets you fired or suspended, such as job-related dishonesty, unexcused absences or violating company policy. The agency may contact you and your employer about why you were separated. |
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| Appealing a denial | You must appeal at your nearest WorkForce WV local office within 8 calendar days of the mailing date on the Deputy's Decision. An administrative law judge holds a hearing. You can appeal the judge's decision to the Board of Review within 8 calendar days, and the Board's decision to the West Virginia Intermediate Court of Appeals within 30 days. Keep filing weekly certifications and looking for work while you appeal. |
Where to get help in West Virginia
More West Virginia unemployment benefits
- Logging In to Your West Virginia Unemployment Claim
- Unemployment for Self-Employed and Gig Workers in West Virginia
- Unemployment After Quitting in West Virginia
- How Much Unemployment Pays in West Virginia
- How to File for Unemployment in West Virginia
- All West Virginia unemployment benefits rules
FAQ
Can you get unemployment if you were fired in West Virginia?
Workers fired for misconduct cannot receive benefits. If you were discharged for reasons that are not willful misconduct, you may qualify. WorkForce WV's handbook describes misconduct as careless or deliberate behavior that gets you fired or suspended, such as job-related dishonesty, unexcused absences or violating company policy. The agency may contact you and your employer about why you were separated.
How do I appeal an unemployment denial in West Virginia?
You must appeal at your nearest WorkForce WV local office within 8 calendar days of the mailing date on the Deputy's Decision. An administrative law judge holds a hearing. You can appeal the judge's decision to the Board of Review within 8 calendar days, and the Board's decision to the West Virginia Intermediate Court of Appeals within 30 days. Keep filing weekly certifications and looking for work while you appeal.
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.