Q: Is a terminated employee eligible for unemployment benefits?

A: Yes. In general, unemployment benefits are available to a former employee who is out of work through no fault of their own. A terminated employee may be eligible for unemployment benefits if they were terminated for reasons beyond their control, such as a workforce reduction. A terminated employee may also be eligible for unemployment benefits if they were terminated for performance-based problems or lack of good judgment.

If an employee is terminated for a reason that might be considered misconduct, such as fighting on the job, theft, or abusing drugs or alcohol on the job, they are generally not eligible for unemployment benefits; or, at the very least, the employee will usually be subject to some type of disqualification period.

Q: May overtime be averaged out over two or more weeks?

A: No. Under the Fair Labor Standards Act, each workweek must stand alone. For example, an employee who works 30 hours one week and 50 hours the next must receive overtime pay for the hours worked beyond 40 in the second week, even though the average number of hours worked in the two weeks is 40. This is true regardless of whether the employee works on a standard or swing shift schedule and regardless of whether payment is on a daily, weekly, bi-weekly, monthly, or other basis. This rule also applies to employees paid on a piecework basis or commission.