What Is Misconduct in Employment?
Committing an act that causes your boss to terminate your employment can be especially costly if you want to collect unemployment insurance after he's let you go. Although each state has its own laws, the criteria for misconduct are similar everywhere. You generally cannot collect unemployment if your employer dismisses you for wrongdoing.
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Actions in the Workplace
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Employee misconduct depends on your intentions. You must knowingly and deliberately commit an act that hurts your employer or her business, such as showing up for work under the influence of drugs or alcohol. The "no-show-no-call" rule applies as well. If you call out sick, it's not misconduct. If you simply don't appear for work on schedule, it is, especially if you do so repeatedly. Chronic lateness and absenteeism even if you call in sometimes qualify, but if you offer a reasonable explanation because of events beyond your control, this probably isn't misconduct. Your employer can still fire you, but it would not necessarily affect your ability to collect unemployment insurance. Stealing from your employer or sabotaging her business count as misconduct as well.
Negligence
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If you commit a grievous error on the job that results in harm for the business, equipment or other employees, this may or may not be misconduct. If it was an honest mistake, it usually won't prevent you from collecting unemployment benefits. However, if you turn on a piece of dangerous equipment and walk away, leaving it untended and causing damage, this could be misconduct, especially if you knew the equipment could cause harm to property or people.
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Inability or Refusal to Perform the Job
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Ignoring your work quota or responsibilities is misconduct; being incapable of meeting your quota or performing your responsibilities is not. Your employer can terminate your job if you're not qualified to do it, but it's not held against you for purposes of collecting unemployment payments. Refusing to follow your employer's instructions is misconduct; expressing concerns if the instructions are ill-advised is not, as long as you state your objections calmly and without vulgarity.
Actions Away From the Workplace
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Activities you engage in while away from the workplace don't qualify as misconduct unless they directly relate to your employer's business. For example, if you drive while intoxicated and the police charge you with a DUI, it's not misconduct unless you were on an errand for your boss at the time. If you get into a fight at a ball game, it's not misconduct because you're not at work. Your employer can't penalize you for making poor decisions on your own time, but this only means he can't block your unemployment claim because of them. If he finds your behavior objectionable, he's within his rights to remove you from his workplace. He can decline to give you a reference, but he can't prevent you from collecting unemployment while you look for another job.
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