If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.
The apparent reasoning: If the misconduct was so serious, why wouldn’t the employer terminate right away?
Minnesota employees fired for unsatisfactory work are eligible for unemployment, while those guilty of misconduct are not. By waiting, employers are implicitly saying that the misconduct is more like unsatisfactory work than misconduct.
Recent case: Jovita Luckett went to work as a bus driver. After an accident that wasn’t her fault, her employer conducted a drug test as required by law. The first specimen turned out to be “diluted” so Luckett was retested. The second try also resulted in a diluted specimen, which Luckett attributed to having had to drink large amounts of water in order to produce a sample. Neither specimen contained measurable prohibited drugs or alcohol.
Three months later, Luckett was terminated for insubordination after leaving a rude message for a supervisor—and for producing a diluted drug sample. Her employer opposed eligibility for unemployment compensation.
The court allowed the benefits, citing the long time between the drug test and Luckett’s discharge as evidence the employer hadn’t viewed drug-test problems as particularly serious. Essentially, the court didn’t buy that misconduct was the reason Luckett was fired. (Luckett v. Centerline Charter, No. A11-251, Court of Appeals of Minnesota, 2011)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/28394/act-fast-on-firing-for-misconduct-or-risk-being-liable-for-unemployment-compensation "