Unemployment Misconduct Lawyer St. Louis
November 30, 2016 Unemployment No Comments

Not everyone who is terminated from his or her job is entitled to unemployment benefits. Eligibility is based on a variety of factors, including the reason for termination. However, just because an employee’s termination was justified does not mean that that employee cannot receive unemployment benefits. The employer must still prove misconduct occurred in order to disqualify the employee from receiving benefits.

Eligibility for Unemployment Benefits

After being terminated, an employee must meet some basic requirements in order to qualify for unemployment benefits, such as a minimum term of employment prior to being let go and proof that the employee is actively looking for work. Eligibility can be affected by the reason that the employee was terminated, with some reasons disqualifying the employee from receiving benefits.

In most cases, an employee will still be eligible for unemployment benefits even if they were fired for poor work performance. While certain actions by the employee are sufficient to justify termination, it does not necessarily follow that the same reason disqualifies the employee for unemployment benefits.

Denial of Benefits: Misconduct

One disqualifying reason for termination is “misconduct.” While the exact definition of misconduct varies by state law, it usually requires that the employer proves that the employee’s actions were willful. This means that if an employee is fired for poor performance, they are still entitled to benefits as long as their poor performance was not intentional. Similarly, while poor attitude, personality conflicts with co-workers, or inability to perform the work are all valid reasons to terminate employment, termination for these reasons will not disqualify the employee from unemployment benefits.

Instead, misconduct requires intentional violation of employer policies, the law, or other specific acts. Some examples of behaviors that may disqualify an employee from benefits include insubordination, dishonesty/theft, drug possession/use, and workplace harassment.

It is important to note that the burden of proving misconduct rests on the employer. This means the employer must put up evidence to prove that the employee’s actions rose to the level of misconduct and that the actions were willful. It is important that you have an experienced unemployment attorney on your side to clearly and effectively present the facts and establish willful misconduct as required by law.

Contact an Unemployment Attorney Today

Having the right attorney on your side is critical to success at unemployment hearings. If you are involved in an unemployment dispute with a discharged employee, contact an experienced attorney right away. The Law Offices of Kenneth P. Carp has the background necessary to ensure the best result possible. Call (636) 947-3600 today to schedule a free consultation.

1 http://labor.mo.gov/DES/Claims

Written by kennethpcarplaw@gmail.com