You Can Prove if You Are Not under Misconduct or Wrongly Accused
Video Transcribed: Can you receive unemployment benefits if you were fired for misconduct at your previous job? I am an Oklahoma lawyer, Jason Sorensen.
Today we’re going to be talking about unemployment benefits and being terminated for misconduct. Being fired for misconduct is one of two things that can disqualify someone from being able to receive their unemployment benefits, the other being voluntarily quitting their job. But the Oklahoma Supreme Court defines misconduct as more than just simple carelessness or negligence.
It requires a willful disregard for the employer’s interests, wrongful intent, evil design, and recurring negligent conduct. And it’s not enough that the employer just shows inefficiency, unsatisfactory conduct, or just ordinary negligence. In fact, Title 40 gives a very limited list as to what actually qualifies as misconduct. So, start that list, it can be any intentional act or omission by an employee, which constitutes a material or substantial breach of the employee’s job duties.
Number two, any unapproved or excessive absences or tardiness. Three, indifference. Two, breach of or neglect of duties required, which result in a material or substantial breach of the employee’s job duties. Number four, actions or omissions that place in jeopardy the health or safety of the employee or others. Five, dishonesty. Six, wrongdoing. Seven, any violation of the law.
Then, the last one is any violation of a policy or rule enacted to ensure orderly conduct on proper job performance. But in the hearing or in your unemployment case, the employer still has the burden of proving that the employee was fired for the misconduct and that the employee was guilty of conducting misconduct. But the employee still has a chance to rebut the employer’s evidence or testimony of the misconduct with evidence or testimony of their own.
So just because the employer alleges that you were guilty of misconduct in the workplace, you still have a chance to show that either you weren’t guilty of misconduct, meaning your actions were not misconduct, or that the stuff the employer is accusing you of, isn’t really misconduct.
If you have any more questions from a Tulsa unemployment attorney about unemployment law and misconduct, or you just need help with an unemployment case, visit makelaweasy.com.
