Q. We have an employee who does not work very hard and her production is marginal. If we terminate the employee, will she be able to collect unemployment compensation?
A. Probably yes. The North Carolina Employment Security Law favors employees. Thus, a terminated employee will receive unemployment benefits, unless the termination was for employee misconduct or substantial fault.
The act defines misconduct as:
“Conduct evincing such a willful or wanton disregard of an employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.”
The term “substantial fault” is defined to include those acts or omissions of employees over which they exercised reasonable control and which violate reasonable requirements of the job. Substantial fault does not include: (1) minor infractions of rules unless such infractions are repeated after a warning was received by the employee; (2) inadvertent mistakes made by the employee; or (3) failure to perform work because of insufficient skill, ability or equipment.
In most cases, employees will receive unemployment benefits if terminated for . However, if the employer properly documents and plans the termination, the Employment Security Commission may find the employee was terminated for substantial fault.
In those cases, the employee will be partially denied benefits. Most important, the employer’s account will not receive any charge for any benefits paid.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Hell hath no fury ... but $9 million should help
- $46.7 million for manager who blew whistle on age discrimination
- Don't add fuel when you fire: 4 tips for terminations
- Learn from public employee's 'reputation' suit--even if you're a private-sector employer