In order to prove misconduct, an employer must show that the actions that led to you being fired were:
- Willful and deliberate;
- Based upon a reasonable rule or policy of the employer;
- Repeated violations with a warning of termination; and
- Harmful to the employer.
For example, you can be denied unemployment benefits if you arrive late for work every day and are warned about it.You can also be denied benefits if you are rude and disrespectful to your boss. But, if you unintentionally break a rule or do something wrong at work, you may still be able to receive unemployment.
Sometimes, there is no way to keep from being fired, or from having your employer claim that you were fired because you committed misconduct. The following are some suggestions to strengthen your argument that, if you get fired, it was not for misconduct:
- Submit a written response if you are disciplined, even if the response is an apology for a mistake.
- Do not refuse to discuss a problem with supervisors.
- If you are being mistreated, submit a letter to your boss or to your boss's supervisor about the situation.
- Follow all of the rules according to your employer's instructions that were given to you as part of your job either verbally or in writing. Make sure you have a copy of the employee handbook. If your employer refuses to give you a copy, make sure you document your request for a copy.
Sometimes IDES requires you to use this form to determine whether you were terminated for misconduct.
Updated: January 2017