Yes file for unemployment. Don't sign any statement that is not true or that you do not understand which may be used to try to deny you unemployment.

If your past employer does try to deny you unemployment you will be denied UNLESS YOU APPEAL. Just GO TO any unemployment office, you can email (a few states are totally on-line now), but it’s better to talk in person/via phone, in the same state that you applied for the insurance online, and FILE AN APPEAL its FREE to appeal. There is a very short list of valid just cause reasons to deny unemployment. They vary by state and have to be proved by your employer if you appeal.

The farther the unemployment office is from your past employer’s location the more it will cost your past employer to fight your appeal so they may just give up rather than get all the notarized paper work in by the deadline. I suspect your past employer will just verify your dates of employment if a new employer calls for a reference give HR’s number if asked, otherwise you could sue them if they give you a bad reference.

Here is how unemployment works in USA. You are employed at will in all states except MT, so can be fired for any reason or no reason, except an illegal one, unless you are in a union. You can only be denied unemployment if the firing is on the list of approved reasons for your state and the employer can prove the reason is true.

Step 1 ex-employee applies for unemployment. If past employer says approve ex-employee is approved. If past employer says deny ex-employee giving a reason on the state list before deadline; ex-employee is denied unless ex-employee appeals(a few clerks just deny unless you appeal then they check the list); if employer gives a reason not on the list of approved reasons, to deny unemployment, ex-employee is approved anyway(this only happens if the employer does not bother to read the list or won’t lie under oath).

Step 2 Appeal: Most ex-employees do NOT know they can appeal so few denials are appealed. Notarized statements must be filed by the deadline by employer to prove the reason. The ex-employee notarized statement is included in the appeal. A hearing clerk reads the statements and decides who to believe. Then either grants or denies unemployment. No cost to ex-employee

Step 3 If the ex-employee loses and appeals again for a formal hearing before an admin hearing officer. No cost to ex-employee unless he/she hires a lawyer. Everyone must testify in person under oath to reason the employee was fired. Then the hearing officer either grants retroactive unemployment since this is usually six months to a year later for hearing to be held or denies unemployment. Often the witnesses have moved on to other jobs and won’t appear or the employer or ex-employee do not show up. If ex-employee shows up and no else does the ex-employee usually wins. The employer can also appeal for hearing but that almost never happens.

Step 4 either side appeals to the regular courts almost never happens because both sides have to pay legal costs.