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Perspective

Jul. 23, 2014

Employee 'misconduct' may not bar unemployment benefits

Although an employee may have engaged in what may be considered misconduct and grounds for termination, that conduct may be insufficient to disqualify the employee for unemployment insurance benefits. By Larry Kazanjian and Eric Witt


By Larry Kazanjian and Eric Witt


On July 3, the state Supreme Court issued its opinion in Paratransit Inc. v. Unemployment Insurance Appeals Board, 2014 DJDAR 8796. There, the court made clear that although an employee may have engaged in what may be considered misconduct and grounds for termination - potentially even under a collective bargaining agreement - that conduct may be insufficient to disqualify the employee for unemployment insurance benefits. <...

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