Discharge & Quit
You have the right to protest a claim for benefits whether the employee (called claimant) was discharged or quit. Contact us at 636-947-3600 or 636-947-3600 and let the experienced representatives at the Law Office of Kenneth Carp where together we can control your unemployment tax costs. Just because an employee quit does not mean they will be denied unemployment compensation. The employee who was discharged after repeated warnings can also receive unemployment compensation. Kenneth Carp knows and understands how to win unemployment hearings because he is the “employer’s attorney” and he knows the law.
Contact us and learn how hearings involving a discharged employee are conducted differently than hearings involving an employee who quit. The distinction is huge and not understanding the difference can turn an employer’s win into a win for the employee. Our hearing representatives knows the difference and our knowledge will work for you. Employers who discharge an employee have the burden of proof at the unemployment hearing. However, an employee who quits carries the burden that his quit was involuntary or voluntary and attributable to the employer.
When a discharged employee files a claim you, the employer, must prove their case. In general terms you must prove that the claimant’s misconduct was willful, intentional, and with the appreciation that the action would result in termination. The best example of how violating provisions of a policy or handbook doesn’t meet the burden involves attendance. In Missouri, for example, judges will review the absences leading to the termination and determine if any of the absences were avoidable. Even if the number of absences are excessive it does not necessarily meet the burden to show they were intentional.
An employee who quits can receive unemployment benefits if they can prove their case. During these unemployment appeal hearings the employee will testify first. Our hearing representatives are sharp enough to know what evidence needs to be introduced in response to the employee’s evidence. The employee may have evidence that is considered as an involuntary separation under the “Difatta-Wheaton case”. If you’re asking what “Difatta- Wheaton” is then you now have a reason to call the Law Office of Kenneth Carp. “Difatta- Wheaton” refers to a Missouri Court of Appeals Case which stands for the premise that absences due to medical illness may not be within the control of the employee. Accordingly, your good business reason to discharge an employee does not mean unemployment benefits will be denied.
Kenneth Carp is the “employer’s attorney. He understands business through his experiences as an Operations Manager at Frito-Lay and as a retired Air Force Lt. Colonel.
We represent employers with unemployment appeal hearings every week. Put our experience to work for you.