# Can you claim if you get fired?



## CMK (8 Jul 2010)

A family member is very likely to get fired in the coming weeks. They are working in a very very difficult situation and are close to resigning anyway – though they are not going to do that just yet. 

What are your rights with respect to Social Welfare if you get fired? How long would you have to wait before you can claim? Am I right in thinking you would have to wait six weeks before you can claim if you resign voluntarily.

Thanks


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## Berni (8 Jul 2010)

You make the claim on the first day of unemployment regardless of cause.  It is then up to the deciding officer if they disqualify you - that can be for up to 9 weeks.


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## maybemaybe (8 Jul 2010)

Berni is spot on. Although Berni, is that increased to 11 weeks now? If your fired? In short, if your fired, it is through a fault of you, and not the company, so it means the employee is at fault, and not the company. However, if the situation is unbearable at work, constructive dismissal maybe (maybe!) an avenue. Many moons ago, I left my full time employment from stress and inadvertant bullying from my boss' wife. I signed on straight away, and was accepted straight away.


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## Welfarite (8 Jul 2010)

What you mean by 'fired'? Let go? I can't see how there would be a delay of a few eeks if they are getting 'fired'. 
To add to Berni's advice, you can be disqualified for up to 9 weeks if you leave employment without 'just cause'. As she says, it's the Do who will decide this but you can write a letter supporting your case for non-disqualification and submit it with the claim form.


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## CMK (8 Jul 2010)

Constructive dismissal is the route they are planning to go down - planning that at the moment - hence the hesitation in resigning just yet.  

Thanks to both for your replies - they are very helpful.

Regards


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## pinkyBear (8 Jul 2010)

Hi there,
Mr Bear is going through something very simular, it would be my advice that your friend get legal advice about the situation. 

P..


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## missdaisy (8 Jul 2010)

I would second the advice from pinkybear to get legal advice on the issue of constuctive dismissal.


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## CMK (8 Jul 2010)

In reply to "Welfairte" questions - when i say get fired - i dont mean "let go" - I literally mean getting fired!!    Yes they are in the process of seeking legal advice at the moment.

Thanks again


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## missdaisy (8 Jul 2010)

If the person is in the process of seeking legal advice in relation to constructive dismissal and a decision is made to bring a claim then the solicitor can write a letter to that effect to the social welfare office and they shouldn't disqualify the person for any period of time in those circumstances.


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