Tips & info

Misconduct: Final incident

October 2001

The final incident that prompted the decision to discharge an employee determines the verdict. If the final incident is trivial, isolated or beyond the claimant's control, a claimant may be found eligible for benefits regardless of prior warnings or record of violations.

While employers often have multiple reasons for terminating an employee, the state agency will focus on the final incident. (thus, if an employee is warned for chronic lateness within his control, do not, for example, terminate the employee followinf a last lateness caused by a snowstorm or verifiable accident.)

Final Incident Test

  • Final incident was within the employee's control.
  • Employee knew or should have known that his conduct could lead to discharge.
  • Record of prior warnings are necessary unless the final incident warrants immediate discharge, e.g., theft or assaulting a co-worker.
  • Disciplinary action conforms to establish personnel policy and practices.
    (Consult your Personnel Department.)
  • Reasonable proximity in time between the alleged incident and the date of discharge. (A delay of termination may create a basis for exception.)
  • Action does not represent an isolated instance of poor judgement or carelessness.
  • Deliberate or willful violation of rule or standards
  • Violation is prejudicial to employer's interest

NOTE: Although a prior history of warnings or infractions will clearly influence an initial determination or hearing decision by the state agency, the wrong final incident can cause an otherwise great case to fail. Consult with your personnel department to ensure compliance with approved policy/procedure before termination.