If you have been told you are not eligible for unemployment benefits because you were discharged for misconduct connected with your work, you may have a good reason to initiate an unemployment appeal. You should consult an unemployment appeal attorney immediately because there are specific deadlines for filing each step of your appeal that can be time-sensitive.
In order for your benefits to be denied, the employer must prove that you were discharged for misconduct in connection with your work. However, this is not a broad term. Misconduct does not include a mistake or even bad judgment on your part. Misconduct only includes:
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Conduct or a failure to act demonstrating knowing disregard of the employer’s interest or a knowing violation of the standards which the employer expects of his or her employee;
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Conduct or a failure to act, demonstrating carelessness or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or a knowing disregard of the employer’s interest or of the employee’s duties and obligations to the employer;
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A violation of an employer’s no-call, no-show policy; chronic absenteeism or tardiness in violation of a known policy of the employer; or two or more unapproved absences following a written reprimand or warning relating to an unapproved absence unless such absences are protected by law;
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A knowing violation of a state standard or regulation by an employee of an employer licensed or certified by the state, which would cause the employer to be sanctioned or have its license or certification suspended or revoked; or
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A violation of an employer’s rule, unless the employee can demonstrate that:
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He or she did not know, and could not reasonably know, of the rule’s requirements;
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The rule is not lawful; or
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The rule is not fairly or consistently enforced (§288.030.1(23), RSMo).
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For example, an employer may claim that an employee was fired for misconduct because the employee arrived twenty minutes late to work, however, if at a hearing, our unemployment appeal attorneys can show that the employee was late because of unexpected construction traffic that could not have reasonably been predicted, the Appeals Tribunal will likely find that they were not fired for misconduct in connection with their work and that they are not disqualified for benefits.
If you want to discuss filing an unemployment appeal, contact Flesner Wentzel today. Call our St. Charles law office at 636-442-4529 to speak with an experienced unemployment appeals attorney about your case. We offer low deposit consultations. Se habla Español. *Subject to availability*
