In two-thirds of those cases the discharged worker was awarded benefits. Based upon extensive discussions with employers, several recurring points of confusion are evident. This review will explore the unemployment issues surrounding the dismissal of an employee. The legal right of an employer to fire a worker is a separate issue, and is not considered here. First, many employers discharge individuals for misconduct, but few know the legal definition of misconduct for unemployment purposes.
Case law defines misconduct as a substantial and intentional disregard of the employer's interests.
The deliberate nature of the act is a crucial component of the definition. Ineptitude is not misconduct, nor an argument between employer and employee, nor a difference in work habits. An unintentional error or a temporary lapse of good judgement also are not misconduct. In addition, a single instance does not constitute misconduct except in extreme cases. At least one warning must usually be issued for the specific behavior that eventually leads to a discharge.