Tips and info

Clear and specific terminology wins the day

November 2002

Claimants are often found eligible for unemplopyment benefits because the wrong or inappropriate terminology is used to explain a discharge for misconduct. For example, "Poor performance" implies that the employee's actions were outside of his/her control. Only deliberate or willful violations of rules/standards should be described as misconduct. Use precise descriptions, e.g., discharged for "excessive lateness after warnings", "falsification of time records" or "unauthorized use of phone for personal calls after warnings". The following are examples of vague terminology:

  • Unsatisfactory work
  • Inefficiency
  • Poor performance
  • Mutual agreement
  • Inability

Benefits may be granted if:

  • The terminology is imprecise or misunderstood
  • Employee's actions appear to be outside his/her control

Benefits should be denied if:

  • Reason for discharge shows a willful or deliberate violation of rules/standards
  • Explanation of misconduct is clearly defined, e.g., "no call, no show after warnings"