questions & answers

Question: I’m a teacher at a charter school. My school is trying to force me to teach in person. With COVID-19 raging in AZ I don’t feel it’s safe. If I’m fired for refusing to teach in person can I collect unemployment or even sue the school for putting my life in danger?

Answer: Many factors apply to eligibility decisions for unemployment benefits, especially during the pandemic. Some factors include the reason for the separation from employment, whether an employment contract outlines requirements for termination, and whether an employer challenges the claim for unemployment benefits. Arizona’s law (ARS § 23-601) states that unemployment benefits are for “persons unemployed through no fault of their own”. In some cases, that means that if an employer fires someone for reasons related to “misconduct” (ARS § 23-619.01), they might not receive unemployment benefits. If an unemployment application is denied because an employee was fired, the employee has the right to appeal the unemployment benefit decision. More information about Arizona’s unemployment benefits can be found at the Department of Economic Security’s website: https://des.az.gov/services/employment/unemployment-individual.