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Unemployment decision examples

September 2001

I. Discharges – Employer's Burden of Proof (substantial, credible documentation)

Denied Benefits (with Misconduct)
Examples
Deliberate act Destruction of property
Willful disregard of employer's best interests No rotating merchandise;
Not doing price changes
Inconsistent performance Could do the job, but chose not to;
Would perform a short time after warnings
Insubordination Refusing to obey an order
Violation of known policy Time clock violations;
Personnel policy violations
Failure to report for work Manager decides on separation-final incident is critical
Receives Benefits (without Misconduct)
Examples
Incapable Never could do the job;
tried but couldn't do it
Isolated instance of poor judgement No prior warnings
Reduction in force, lay-offs, jobbers No fault of the employee's
Forced quit Employee didn't have a choice
Quit converted to discharge Employee discharged after giving notice to quit

II. Voluntary Quits - Employee's Burden of Proof

Denied Benefits (without good cause)
Examples
Voluntarily leaving the labor market To go to school
To look for other employment No need to quit to look, can look when not working
To stay home with the family Voluntarily leaving the labor market;
Must be the only one who could look after family
Abandonment of job Employee decides not to come back
Receives Benefits (with good cause)
Examples
To accept a better job More hours and/or more pay
Substantial change in the job More than a 20% reduction in pay and/or benefits
Personal illness With doctor's recommendation
No job after leave of absence Reenters the job market
Lack of job Not employee's fault