Unemployment benefits and "the last incident"
![Paul in Cannon Beach](http://blr-hrforums.elasticbeanstalk.com/plugins/DefaultAvatars/design/GreenAvatar.jpg)
I participated in a unemployment webinar yesterday that discussed "the last incident" concept as it relates to how unemployment benefits are determined. I had not heard of this before and found it interesting.
Essentially, when an employee is discharged and files for unemployment, the "last incident" will be looked at when benefit eligibility is being determined.
Employees discharged for misconduct (deliberate and willful disregard of the employer's interest or repeated violations of known company policy) are not generally eligible for UE benefits.
But... if the "last incident" that led to the discharge does not fit that definition, the EE would be eligible for benefits.
So if you have an employee who commits serious misconduct and you set up a "last chance" agreement and then a week later the employee is discharged for a minor violation, that EE very well might qualify for unemployment benefits despite the history of misconduct.
Essentially, when an employee is discharged and files for unemployment, the "last incident" will be looked at when benefit eligibility is being determined.
Employees discharged for misconduct (deliberate and willful disregard of the employer's interest or repeated violations of known company policy) are not generally eligible for UE benefits.
But... if the "last incident" that led to the discharge does not fit that definition, the EE would be eligible for benefits.
So if you have an employee who commits serious misconduct and you set up a "last chance" agreement and then a week later the employee is discharged for a minor violation, that EE very well might qualify for unemployment benefits despite the history of misconduct.
Comments
We fought the unemployment compensation claim but were informed that because we let him continue another week before the final termination our opposition was denied. :mad:
Especially employees who know they are on thin ice. There is ALWAYS a good reason why they can't be on time....
I personally have never had an employee explain their behavior as a "willful and intentional disregard for the employer's interests".