• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Unemployment denied—even if misconduct wasn’t intentional

by on
in Employee Benefits Program,Human Resources

Employees sometimes don’t do what they are told to do because they don’t think the task is possible or is too hard. If you fire such an employee for breaking a company rule—“Do what your boss tells you to do!”—you might be able to defeat the employee’s unemployment compensation claim.

Recent case: Janitor Joe Vasquez’s supervisor told him to remove brown spots from a wall. Vasquez claimed he tried, but the spots remained. Vasquez, who had a history of not completing assigned tasks, was fired the next day for misconduct—failing to follow the supervisor’s directions.

The Texas Workforce Commission denied Vasquez unemployment benefits and he appealed, arguing that he hadn’t intentionally broken the company’s rule.

The court said intent wasn’t required, just evidence that he had broken a rule. That’s misconduct. (Vasquez v. Texas Workforce Commission, No. 04-08-00508, Court of Appeals of Texas, 2009)

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/9942/unemployment-deniedeven-if-misconduct-wasnt-intentional "

Leave a Comment