Unemployment Hearing Tips: Misconduct vs. Poor Performance

Monthly Video Series: 9 of 12

“Not a good fit for the job,” isn’t willful and deliberate

One of the often misunderstood aspects of an unemployment claim is misconduct vs. poor performance. What really is misconduct? While the exact definition varies by state, generally misconduct is defined as a willful and intentional act by the employee. This is an act that causes harm to the employer’s interests, and for which the employee knew or should have known would result in their discharge. And as you’ll hear in the video below, the terms “intentional” and “willful” are of special importance.

Did you know that Equifax Workforce Solutions hearing representatives are nationwide and in-house? Because of this, we can quickly help you prepare and present at your next unemployment hearing. Let our team help you navigate through claims regarding misconduct vs. poor performance. If you’re an Equifax unemployment client, contact your account manager today to have them at your next hearing.

Not a client yet? Sign-up for a UCM demo to see how we can help protect your SUI tax rates and reduce risk.

Want more resources?

• Get our free training video on Best Practices: Unemployment Hearing
• Listen in our mock hearing about how a real case is handled
• Watch more in this video series
• Download our ebook, Unemployment Hearing Case Guide Book, where we examine evidence from 12 unemployment hearing cases. We provide you with professional insight on the Administrative Law Judge and The Board of Review decisions.