Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense. Gross misconduct can lead to dismissal.
How to discharged for employment misconduct? The employer must know the difference between misconduct and poor performance. One deals with behavior while the other deals with ability.
Applicants who are discharged because of employee misconduct are not eligible to receive unemployment benefit payments. Employment misconduct means any intentional or negligent conduct that either:
Displays clearly a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee, or displays clearly a substantial lack of concern for the employment: The employer must have policies and procedures in place to hold their employees accountable. The employer can't fire an employee without following proper protocol.
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