GUIDELINES FOR TERMINATIONS DUE TO MISCONDUCT

09 Jul GUIDELINES FOR TERMINATIONS DUE TO MISCONDUCT

You can successfully protest benefit claims if you terminated a former employee for misconduct, and if you can prove misconduct* to the state. 

• FINAL INCIDENT – The final incident is extremely important in misconduct cases. The final incident cannot be trivial or outside of the employee’s control. 
• IMMEDIATE ACTION – If termination is warranted because of a final or major act of misconduct, discharge should not be delayed for reasons of convenience. A significant delay may cause the state to question the true reason for discharge. 
• AVOID HEARSAY – Terminations should be based on firsthand knowledge and competent evidence, not hearsay or conjecture. Also, the evidence should be reviewed with the employee to afford an opportunity for a response. 
• EXPLAIN DISCHARGE – Specific reason(s) for discharge should be given after reviewing the facts with Prestige, and the reasons should be documented effectively. 

NOTE: The burden of proof is on the employer if the discharge is for alleged misconduct. You must have documentation to prove your case. When dealing with the state unemployment agencies, appropriate written documentation is generally crucial to determining a claimant’s ineligibility for benefits.

* States define “misconduct” in the unemployment process differently. Make sure you understand exactly what is required in your state.

If you have questions concerning this, or any other unemployment issue, contact Prestige Employee Administrators, Inc.