Whether you can get unemployment after being fired depends on why you were fired

Virginia's unemployment system distinguishes between two kinds of job loss: separation for reasons you caused, and separation for reasons the employer caused. If you were fired for misconduct — meaning you deliberately broke a rule, ignored a direct instruction, or acted recklessly — Virginia will deny your claim. If you were fired for poor performance, inability to do the job, or a reason unrelated to your conduct, you may be found may be able to access.

The Virginia Employment Commission (VEC) makes this decision by reviewing what happened and why. You do not have to prove your case; the employer has to prove misconduct occurred. That distinction matters because many people assume being fired means they cannot receive benefits. In Virginia, the reason for the firing is what counts.

The process starts when you file a claim with the VEC. The employer then receives notice and can respond. If the employer claims misconduct, you will have a chance to tell your side. The VEC will make a decision based on what both of you say.

Key Takeaways

  • Virginia denies unemployment only if you were fired for misconduct — deliberately breaking rules or ignoring instructions — not for poor performance or inability to do the job.
  • The employer must prove misconduct happened; you do not have to prove you did nothing wrong.
  • You must file your claim within a set time frame after the firing, or you lose the right to back pay.
  • If the VEC denies your claim, you can request a hearing where you can present evidence and witnesses.
  • Weekly benefits in Virginia are calculated from your earnings in the highest-earning quarter of the past year, with a maximum amount set by the state each year.

What counts as misconduct under Virginia law

Virginia defines misconduct narrowly. It means you deliberately violated a rule, ignored a direct order, or acted so recklessly that you knew or should have known it would harm the employer's business. A single mistake, even a costly one, is usually not misconduct. Repeated failures to follow instructions, or refusal to follow a direct order, can be.

Examples that Virginia has found to be misconduct include: clocking in for someone else, stealing from the register, showing up to work intoxicated, or continuing to do something after being told to stop. Examples that are not misconduct include: being too slow at the job, making errors despite trying hard, personality conflicts with a supervisor, or being fired during a probationary period without a specific rule violation.

The employer must show that you knew the rule or understood the instruction. If your employer never told you something was against policy, or if the rule was unclear, that weakens their case for misconduct. If you were fired for a reason that has nothing to do with your actions — such as the company downsizing or eliminating your position — you were not fired for misconduct.

How to file your claim with the Virginia Employment Commission

You can file online through the VEC website at vec.virginia.gov, by phone at 866-832-2363, or by mail. Filing online is fastest and creates a record of when you filed. You will need your Social Security number, driver's license or ID number, and information about your most recent job: employer name, address, phone number, and the dates you worked there.

You should file as soon as possible after being fired. Virginia allows you to file back pay for up to one week before you file your claim, but no further. If you wait several weeks to file, you lose the money for those weeks. The VEC will ask why you were fired; answer honestly and briefly. You do not need to argue your case in the initial filing — that comes later if the employer disputes your claim.

After you file, the VEC will send you a notice telling you whether your claim was accepted or denied. If it was accepted, you will begin receiving weekly payments (if you meet other requirements, such as being ready and willing to work). If the employer contests the claim, the VEC will schedule a hearing.

What happens if the employer says you were fired for misconduct

When the employer responds to your claim and says misconduct occurred, the VEC will send you a notice of the hearing. The hearing is usually conducted by phone or video, and you can attend from home. You will have a chance to explain what happened and why. You can bring documents (such as emails, performance reviews, or written policies) and ask witnesses to speak on your behalf.

The hearing officer will listen to both sides and then issue a decision. If the officer finds that misconduct did occur, your claim will be denied and you will not receive benefits. If the officer finds that misconduct did not occur, or that the employer did not prove it, your claim will be approved and you will receive back pay for the weeks between when you were fired and when you filed.

If you disagree with the hearing officer's decision, you can appeal to the VEC Appeals Division within 10 days. An appeals officer will review the hearing record and the decision. This is your last step within the VEC; after that, you can appeal to the Virginia courts, but that is rare and requires a lawyer.

How much you can receive in Virginia

Virginia calculates your weekly benefit amount based on your earnings in the highest-earning quarter (three-month period) of the past year. The state divides that quarter's earnings by 13 to get your weekly amount. The maximum weekly benefit amount changes each year; in 2024 it was $378 per week, but this amount is adjusted annually.

You can receive benefits for up to 26 weeks in a standard year, though during periods of high unemployment the state may extend benefits. You must be ready and willing to work, and you must report your job search activities if the VEC asks you to. If you find a new job, you must report your earnings; if you earn more than a small amount per week, your benefits will be reduced or stop.

The VEC will deposit your benefits directly into a bank account or onto a debit card, depending on which method you choose when you file. Payments are usually made weekly on the same day each week.

Situations where you might still be denied even if you were not fired for misconduct

Being fired for a reason other than misconduct does not automatically mean you will receive benefits. Virginia also denies claims if you left the job voluntarily without good cause, or if you are not able and willing to work. If you were fired but then when ready found another job and are no longer looking for work, you may not be may be able to access.

If you were fired and the employer says you quit instead, the hearing will focus on what actually happened. If you have evidence — such as an email saying you were terminated, or a final paycheck stub — bring it. If the employer has no documentation of a resignation, the VEC is more likely to believe you were fired.

You must also meet Virginia's other requirements: you must have earned enough in the past year (usually at least $3,000 in total wages), and you must be a U.S. citizen or authorized to work in the United States. If you do not meet these requirements, you will be denied regardless of why you were fired.

What to do if your claim is denied

If the VEC denies your claim, you will receive a written notice explaining why. Read it carefully. The notice will tell you how to request a hearing and the important date to do so — usually 10 days. If you miss the important date, you lose your right to a hearing.

To request a hearing, you can respond online through the VEC website, by phone, or by mail. In your response, explain briefly why you disagree with the decision. You do not need to write a long letter; a few sentences is enough. The VEC will then schedule a hearing date and send you notice of when and how to participate.

Prepare for the hearing by gathering any documents that support your case: emails, text messages, performance reviews, written policies, or anything else that shows what happened. If you have witnesses who can speak to what occurred, ask them to be available. The hearing officer will give you time to present your case before the employer presents theirs.

Frequently Asked Questions

Can I get unemployment if I was fired during my probationary period?

Yes, if you were not fired for misconduct. Being in a probationary period does not change the rule. The employer still has to prove you deliberately violated a rule or ignored an instruction. If you were fired straightforward because you were not a good fit or were not learning fast enough, that is not misconduct.

What if I was fired for being late to work?

It depends on the circumstances. If you were late once or twice and were fired without warning, that is usually not misconduct. If you were repeatedly late despite being told to stop, and your employer had a clear attendance policy, the employer may be able to prove misconduct. Bring any written policies or warnings you received.

Do I have to tell my former employer I am filing for unemployment?

No. The VEC will notify them automatically when you file. You do not need to contact them first. However, if you want to ask about severance, final pay, or unused vacation time, that is a separate matter and you can contact them directly or through your state's Department of Labor.

How long does it take to get my first payment?

If your claim is approved without dispute, you may receive your first payment within one to two weeks. If the employer contests your claim and a hearing is needed, it can take four to eight weeks or longer, depending on how quickly the hearing is scheduled and decided.

Can I work part-time while receiving unemployment?

Yes. You can work part-time and still receive unemployment benefits, but your weekly benefit amount will be reduced by the amount you earn. If you earn more than a certain amount per week (the threshold changes yearly), your benefits may stop entirely for that week.