Unemployment Willful Misconduct

Project Description

 

Unemployment Willful Misconduct

Willful misconduct is an intentional disregard for the employer’s rules and business interests, as well as poor behavior, tardiness, and duty negligence. An employee terminated for willful misconduct is ineligible for unemployment compensation benefits. Pennsylvania courts outline specific examples of willful misconduct.

Common Examples of Willful Misconduct

  • Breaking company policy
  • Not following employer’s training
  • Absences and tardiness
  • Unprofessional behavior

Beyond these common examples of willful misconduct, a few other situations can automatically make employees ineligible for receiving UC benefits. Although employers are tasked with proving an employee’s willful misconduct, an employee should know how to explain that their behavior was not willful misconduct. This can be a delicate interaction that requires the expertise of a lawyer to successfully regain UC benefits.

Other Types of Willful Misconduct Examples

  • Drug paraphernalia, drug use, intoxication
  • Falsifying information
  • Breaching confidentiality
  • Sex or self-stimulation at work
  • Violence, stealing, or threatening language
Call Pittsburgh
(412) 626-5626
Call Philadelphia
(215) 618-9185
Email KM&A
Lawyer@LawKM.com

Can I Get Unemployment if I was Fired for Willful Misconduct?

Kiss UC benefits good-bye if you’ve been fired for cause or willful misconduct. Unemployment compensation benefits are not awarded to individuals who intentionally misbehaved while on the job. However, in some situations, you may be able to prove that you were misclassified with “willful misconduct” and should be receiving your unemployment. To explore your options under the law, contact an employment lawyer for your legal solutions.

What are Non-Disqualifying Reasons for Job Termination?

Employees are sometimes fired for reasons that won’t disqualify them from receiving UC benefits. Non-disqualifying reasons for termination include bad attitude, personality clashes with coworkers, poor judgment, incompetence, or not paying attention to work performance. When an employee is fired for a cause, this does not immediately make them ineligible for unemployment benefits. Surrounding circumstances should be analyzed as well.

The Basics of an Unemployment Appeal Hearing for Willful Misconduct

The burden of proving willful misconduct falls to the employer. Despite the fact that the employee doesn’t have to actively disprove willful misconduct and only respond to allegations, many employees manage to lose their unemployment appeal for UC benefits. Without expert understanding of the legal process, employees fail to navigate the process in a way to win UC benefits.

Employer Tries to Prove Willful Misconduct

The law obligates the employer to prove that an employee willfully disregarded the employer’s best interests and participated in major infractions. Moreover, the employer tries to show that your actions continually violated work standards, and that it was detrimental to the business goals.

Employee Responsibility to Rebut Employer Proof

Sometimes an employer labels certain instances as bigger issues than they are. Although an employee might recognize this to be the case, an employee’s argument must be worded carefully in this legal environment. An employment lawyer knows the best way to challenge an employer’s supposed proof.

The unemployment appeal hearing referee often makes a decision based on knowing whether an employer rule exists or not. An employer can prove the rule with a series of testimonies from management level employees. If you don’t respond with the right legal points and explanations, your employer will easily prove that your actions deliberately violated a rule.

Prove Your Employer Owes You UC Benefits

Being accused of willful misconduct and losing your UC benefits can be a frustrating experience. However, the legal system does allow you to question your employer’s decision. Due to the nature of UC benefits, termination, and willful misconduct, it’s best to walk through this process with a lawyer.

  • Know why your employer has labeled your termination “willful misconduct”
  • Prepare relevant evidence that can’t be used against you
  • Respond in detail to your employer’s allegations

Some explanations that have overturned the label of “willful misconduct” are reasons of accidents, family emergencies, health scares, physical inability, or vagueness of the rule. However, no situation is exactly the same. An employment lawyer can guide your process for regaining UC benefits.

If you believe that you’ve been falsely accused of willful misconduct and lost your UC benefits, reach out to an unemployment lawyer for your legal solutions.

Call an unemployment willful misconduct attorney today: (412) 626-5626 or lawyer@lawkm.com.

Specific Unemployment Issues

What type of legal help do you need? If you are not sure, call us at 412-626-5626

Unemployment Articles, News, And Updates

29Sep

How To Win An Unemployment Appeal For Misconduct

0 Comments
We’ve talked about Unemployment Willful Misconduct around here before so today we’ll look at some practical ways to be prepared... Read More →
01Feb

KM&A Files Lawsuit against UPMC

0 Comments
FOR IMMEDIATE RELEASE February 1, 2016 Kraemer, Manes & Associates “KM&A” has field a complaint against UPMC in the United... Read More →
01Feb

KM&A Files Lawsuit Against Eaton Corporation

0 Comments
FOR IMMEDIATE RELEASE February 1, 2015 Kraemer, Manes & Associates, LLC “KM&A” has filed a complaint against Eaton Corporation in... Read More →
27Feb

Why Am I Financially Ineligible for UC Benefits under the 49.5% Rule?

0 Comments
Before an individual is able to collect unemployment compensation benefits (“UC Benefits”), he/she must be financially eligible. Some individuals receive... Read More →
11Feb

How Do I Appeal a UCBR Decision?

0 Comments
At this stage in your appeal for unemployment compensation benefits (“UC Benefits”), you have been before a Referee and the... Read More →
16Jan

How to prepare for a UC Hearing?

0 Comments
After you have filed your appeal to your Notice of Determination, you will receive a Notice of Hearing in the... Read More →
01Jan

What does it mean if the UCBR grants me a Remand Hearing?

0 Comments
There are various stages to an unemployment compensation appeal. The first step is to file an appeal to your Notice... Read More →
19Dec

What if I am not able to work? Can I still collect unemployment benefits?

0 Comments
Under Pennsylvania Unemployment Compensation Law, in order for any unemployed person to receive unemployment benefits (“UC benefits”), you must meet... Read More →
15Dec

What is a UCBR Brief?

0 Comments
At this point in your unemployment compensation appeal process, you have had your Referee Hearing and have gotten the Referee’s... Read More →
05Dec

How to appeal to the Unemployment Compensation Board of Review

0 Comments
At this point in your unemployment compensation appeal process, you have had your Referee Hearing and have gotten the Referee’s... Read More →

 

Back to Top
CALL KM&A NOW