LAWRENCE COMPANY

UNEMPLOYMENT TAX COST CONTROL MANAGEMENT SERVICES

Discharge

Misconduct is defined as a willful or wantonly negligent violation of the standards of behavior which an employer has a right to expect of an employee or an act or series of actions that amount to a willful or wantonly negligent disregard of an employer’s interests. Wantonly negligent means indifference to the consequences of an act or series of actions, or a failure to act or a series of failures to act, where the individual acting or failing to act is conscious of his or her conduct and knew or should have known that his or her conduct would probably result in a violation of the standards of behavior which an employer has the right to expect of an employee.  The burden is on the employer to show that they had good cause to discharge the claimant.

No Misconduct examples may include:

  • Isolated instances of poor judgment
  • Good faith errors
  • Unavoidable accidents
  • Absences due to illness or other physical or mental disabilities
  • Mere inefficiency resulting from lack of job skills or experience

Misconduct examples may include:

  • A single incident or a series of the same or similar incidents, including a final incident of the same or similar incident
  • Theft
  • Failing an alochol or drug test
  • Absenteeism
  • Tardiness
  • Work performance issues