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JoeRedskin · 01-03-2013, 10:39 PM

SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.

01-03-2013, 10:39 PM	#37
JoeRedskin Contains football related knowledge Join Date: Mar 2004 Location: Second Star On The Right Age: 62 Posts: 10,401	Re: Unemployment SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing. Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed. __________________ Strap it up, hold onto the ball, and let’s go.