John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

Can allegations of misconduct affect unemployment compensation?

Losing a job in Minnesota can be a worrisome experience. Regardless of the reason for job loss, people can be fearful as to how they will make ends meet and what steps they must take to get back to the workforce. Unemployment compensation is a part of employee rights and can be a lifeline for people to stay above water as they seek a new job. However, a common problem many face is if the employer claims the former employee committed misconduct. This can prevent the worker from getting the unemployment benefits he or she would otherwise been entitled.

Knowing the definition of employment misconduct under the law is a critical part of combating the allegations and getting the unemployment compensation. Employment misconduct would be a worker behaving in a negligent, indifferent way on or off the job and doing so intentionally. That must be shown via clear evidence that the employee committed a serious violation as to the behavioral requirement the employer has the right to expect and there was a significant lack of concern for the job.

It will not be employee misconduct if the behavior was due to the following: the employee was impaired or had a mental illness; it was due to inadvertent behavior or inefficiency; it was simple unsatisfactory behavior; the behavior was that which any reasonable employee would have done if they were in the same situation; the employee was unable to adhere to the employment requirements or had incapacity; there were errors made in good faith; there was absence because of injury or illness and the employer was informed; there was absence to care for a loved one and the employer was informed; the employee's behavior was due to a chemical dependency; or the conduct was because of an employee being subjected to domestic abuse, sexual assault or had been stalked.

When there is a dismissal and the employee is trying to get the unemployment compensation he or she believes they should get, it can be the foundation for dispute. Denial of benefits is a common problem. In addition, it can cause major disruptions in a person's life if there was an expectation that unemployment benefits were available and are not provided.

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John A. Klassen, PA
Attorneys at Law
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