This event is for participating organizations only.

Misconduct is generally defined as a deliberate or willful act within an employee’s control for which the employee knew or should have known he might be discharged. States generally deny or limit benefits to employees who are discharged for acts of misconduct; however, the burden of proof will always be on the employer. Below are questions that may have to be answered before a disqualification for misconduct is imposed.

• Was the employee aware of the consequences of his actions?
• Were the actions of the employees within his control?
• Were the actions of the employees deliberate or willful?
• Was the employee warned prior to discharge?
• Was the final incident a violation serious enough to warrant a discharge?
• Did the discharge occur immediately after the final incident?
• Were there any mitigating circumstances, and was the employee given the opportunity to explain them?