Log misconduct or worker could get unemployment — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Log misconduct or worker could get unemployment

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When you discharge an employee for misconduct, she theoretically isn’t eligible for unemployment compensation because the employee’s own poor behavior is what caused her dismissal.

But you can’t be sloppy when you document the misconduct. Take the time to investigate before you terminate.

Recent case: Deborah Cochran worked as a bartender at a bowling alley. She left work after a manager said she served two drink orders without ringing them up. At the unemployment compensation hearing, everyone testified she had been fired.

On appeal, the court ruled it was unclear whether the employer had proven Cochran’s conduct was serious enough to constitute misconduct. It ordered a new evidentiary hearing at which the employer will have to prove that failing to ring up the drinks was serious enough to deny benefits. (Cochran v. King Pin, No. 1D10-1813, Court of Appeals of Florida, 2010)

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