What if I am discharged?

To determine eligibility for benefit payments the facts regarding the discharge will be investigated by the Division of Employment Security.  You could be disqualified for misconduct connected with work if it is found there was:

a. 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;

b. 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;

c. 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;

d. 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

e.  A violation of an employer’s rule unless the employee can demonstrate that:
     a.  He or she did not know, and could not reasonably know, of the rule’s requirements;
     b.  The rule is not lawful, or
     c.  The rule is not fairly or consistently enforced.

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