Tips and info
Terminations for misconduct
October 2006It is important to understand that the manner and timing of a termination is crucial.
Guidelines for terminations due to misconduct
Final incident – Avoid, if possible, terminating employees for a final incident which is trivial or outside of the employees control.
Immediate action – If termination is warranted because of a final or major act of misconduct, discharge should not be delayed for reasons of convenience. A significant delay may cause the state to question the true reason for discharge.
Avoid hearsay – Terminations should be based on firsthand knowledge and competent evidence, not hearsay or conjecture. Also, the evidence should be reviewed with the employee to afford an opportunity for a response.
Explain discharge – Specific reason(s) for discharge should be given after reviewing the facts with your Personnel or Human Resource Department. Violated rules or policies should be cited to clarify the basis for discharge. Preferably, reason for discharge should be confirmed in writing.
The burden of proof is on the employer if the discharge is for alleged misconduct. You must have documentation to prove your case. When dealing with the state unemployment agencies, appropriate written documentation is generally crucial to determining a claimant's ineligibility for benefits.
States define "misconduct" in the unemployment process differently. Make sure you understand exactly what is required in your state.
Note: If you have questions about the terminations or misconduct issues, contact the HR Hotline at 800-358-2164.