Appealing Unemployment Compensation Benefits Denial

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It is not uncommon for an employer to fight the terminated employee's right to unemployment benefits, especially if the termination was contentious and involved personal animosity. The law is clear that the otherwise eligible employee can be only disqualified from benefits if he voluntarily quits or if he was terminated for "misconduct." There is usually no dispute over whether the employee quit on his own or was forced out. However, whether the termination was for "misconduct" has been a subject of dispute on many, if not most, appeal hearing at the unemployment appeals board. Under the unemployment insurance code, "misconduct" is a term of art that means more than an ordinary negligence or less than satisfactory performance. To be disqualified from unemployment benefits, the employee's misconduct must be somewhat severe or willful, such as substantial and intentional deviation from the company''s policy, theft, threats of violence, harassment and alike. 

Also, the termination must be causally linked to misconduct. In other words, an employer should not prevail on appeal if the employer's argument is that an employee was terminated for misconduct that took place a while before termination, as this does not establish that the employee was terminated because of misconduct (temporal proximity of misconduct and termination is an important element of the employer's case). Misconduct leads to immediate termination, and if the termination is delayed and takes place a while after "misconduct," the appeals board will rightfully suspect that the employee was terminated for reasons other than misconduct, and will award an employee the benefits.

Comments

[Mark Gatchalian]

i was awarded benefits because my employer delayed the time of termination from the time of misconduct. however, my employer trying to appeal the decision and i am awaiting a court date. i applied for unemployment knowing it was a long shot, but what can i say in my defense?

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