BOP NEWSLETTER • October 2023

Q: Is a terminated employee eligible for unemployment?

A: Yes. Although this may vary by state, 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: If an employee is out using paid vacation, PTO, paid sick leave, or accessing paid holiday benefits, and then works extra hours outside of their normal working hours, would the extra hours be paid overtime? For example, an employee worked 40 hours and received 8 hours of holiday pay for a total of 48 hours for the week. Are the extra 8 hours overtime?

A: No, only the hours that an employee actually works count towards overtime for the day or week.