Sunday, June 13, 2010

UNEMPLOYMENT INSURANCE - MISCONDUCT

Here are some typical instances of Employer's claiming that a violation of company policy constitutes misconduct:

1. Claimant violated an unwritten policy and did receive a prior warning but was discharged.

2. Claimant violated an unwritten policy and did receive a prior warning, and, after violating a different unwritten policy, was discharged for violating a different unwritten or written policy.

3. Claimant violated an unwritten policy and did not receive a prior warning but was discharged.

4. Claimant violated an unwritten policy and did not receive a prior warning and, after violating a different unwritten policy, was discharged for violating a different unwritten or written policy.

5. Claimant violated a written policy, received a prior warning, and, after violating a different written or wunwritten policy, was discharged for violating a different written or unwritten policy.

4. Claimant violated a written policy, received a prior warning, and, after violating the same written policy, was discharged for violating that written policy.

4. The policy violated was clearly detrimental to the Employer's interests, viz., sexual harrassment, continued lateness, theft of funds, drug use, etc.

5. The policy violated was not clearly detrimental to the Employer's interests.

Most Employers objecting to benefits are going to claim that all of the above constituted misconduct under the theory that any violation of company policy is detrimental to the Employer's interests and thus constitutes misconduct.

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