what to do when you are denied unemployment for incompetence

Discharged from a Task

This information is a full general overview of unemployment benefits police force. This is not legal advice. An chaser is your best source of advice for your specific instance.

• I was discharged; what practise I demand to bear witness at my hearing?
• What is "misconduct"?
• I made a fault. Is that misconduct?
• My employer was unhappy with the quality of my work. Is that misconduct?

I was discharged, what do I need to show at my hearing?

If you were discharged from your job, your employer must prove "misconduct" (come across below). If your employer can prove your actions amounted to misconduct, the gauge will deny you benefits.

Because the employer has the "brunt" of proving their case, they will go first in presenting their witnesses and documents. Later the employer finishes presenting their testify, you will want to show that your actions did NOT amount to misconduct. You tin show this in two different means. Offset, you can try to show that you did not do what your employer accuses you lot of doing. For example, if you were fired for stealing, you may want to show that it was not you who stole the item. Second, you tin tell the guess that your actions were non misconduct by showing that you lot made a good faith error in judgment; information technology was a 1-fourth dimension mistake; or that you lot simply weren't proficient at your job.

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What is "misconduct"?

The post-obit is the definition of misconduct under the police force (RCW l.04.294):

With respect to claims that have an effective appointment on or after January four, 2004:
(1) "Misconduct" includes, but is not limited to, the following deport by a claimant:
(a) Willful or wanton disregard of the rights, title, and interests of the employer or a swain employee;
(b) Deliberate violations or disregard of standards of beliefs which the employer has the right to wait of an employee;
(c) Carelessness or negligence that causes or would likely cause serious bodily impairment to the employer or a fellow employee; or
(d) Carelessness or negligence of such degree or recurrence to prove an intentional or substantial disregard of the employer's interest.

Basically, the law says that y'all must do something purposefully to harm or potentially impairment your employer. For example, if you purposefully break a rule or if y'all acted carelessly many times, you may exist found to accept been discharged for misconduct.

The law specifically lists certain actions to be misconduct. The list can be constitute beneath and at RCW 50.04.294(2). The italicized text is NOT part of the statute. We put information technology there to assist you empathise the law.

(2) The following acts are considered misconduct because the acts signify a willful or wanton condone of the rights, championship, and interests of the employer or a fellow employee. These acts include, merely are not limited to:
(a) Insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions or instructions of the employer (refusing to do what your employer tells you to do);
(b) Repeated inexcusable tardiness following warnings by the employer (you were warned several times virtually existence late, and and then you were fired after showing up tardily over again);
(c) Dishonesty related to employment, including but not limited to deliberate falsification of visitor records, theft, deliberate charade, or lying (lying on timecards, stealing items, lying to your supervisor or co-workers);
(d) Repeated and inexcusable absences, including absences for which the employee was able to give advance observe and failed to practice so (not calling in or showing upwardly for piece of work);
(e) Deliberate acts that are illegal, provoke violence or violation of laws, or violate the collective bargaining agreement. All the same, an employee who engages in lawful union activity may not be disqualified due to misconduct (breaking the police force while working, interim trigger-happy in the workplace);
(f) Violation of a company rule if the dominion is reasonable and if the claimant knew or should have known of the existence of the rule (you knew well-nigh a dominion merely you broke that dominion anyway); or
(g) Violations of law by the claimant while acting within the scope of employment that substantially impact the claimant'due south task performance or that substantially impairment the employer'due south ability to do business (while working, you broke a constabulary; past breaking that police force, yous were not able to do your job or yous injure your employer's power to do business).

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I fabricated a mistake, is that misconduct?

The law specifically lists certain actions that are Non misconduct. The list can be constitute below and at RCW 50.04.294(iii). The italicized text is Non part of the statute. We put it there to assistance you empathize the law.

"Misconduct" does not include:

(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity (You were simply not skilful at your job; for example, you didn't piece of work fast enough or y'all were non able to perform sure aspects of the job);
(b) Inadvertence or ordinary negligence in isolated instances (You made a one-time mistake); or
(c) Good religion errors in judgment or discretion (You accidentally made an error in judgment).

See RCW 50.04.294(three).

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My employer was unhappy with the quality of my work, is that misconduct?

The law specifically lists certain actions that are NOT misconduct. The list tin be establish beneath and at RCW fifty.04.294(three). The italicized text is Non role of the statute. We put it at that place to assist you understand the law.

"Misconduct" does non include:

(a) Inefficiency, unsatisfactory conduct, or failure to perform well every bit the event of inability or incapacity (You lot were simply not good at your job- for case, y'all didn't piece of work fast enough, you lot were not able to perform certain aspects of the job);
(b) Inadvertence or ordinary negligence in isolated instances (You made a former mistake); or
(c) Good organized religion errors in judgment or discretion (You accidentally made an error in judgment).

See RCW l.04.294(iii).

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Source: https://unemploymentlawproject.org/discharged-from-a-job/