If the employer cannot meet this burden, then the employer should be found eligible for benefits.ĭischarge for Cause Other than MisconductĪ claimant may receive a partial disqualification from benefits based upon a finding of discharge for "cause other than misconduct.” If DEW finds that a claimant has been discharged for cause other than misconduct, then it must find the claimant partially ineligible and impose an ineligibility period continuing not less than five nor more than the next nineteen weeks. This means that it is the employer's responsibility to present evidence to prove the claimant's misconduct. The employer has the burden of proving that a claimant was discharged for misconduct. Did the claimant break a known rule or policy? Did the claimant's actions harm the employer? Was the claimant's behavior intentional? Was this a repeat offense? Was the claimant's failure to follow a rule reasonable under the circumstances? There are important questions that DEW considers to figure out whether a claimant was discharged for misconduct. The provision further provides that “no finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.” S.C. Claims approved under these provisions are not charged against the employer and will not affect the employer’s tax rate.Ī claimant discharged for misconduct is disqualified from receiving unemployment benefits until he or she returns to work and earnes eight times his or her weekly benefit amount.Ĭonduct evincing such willful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. Each of these provisions has specific requirements. These include provisions of law providing for benefits under certain circumstances for spouses of military service members whose assignments are transferred, victims of domestic violence in fear of their safety or the safety of their family, claimants who must leave a job due to their or an immediate family member’s illness or disability, and claimants whose spouses have found employment in another city or state and it is necessary for the family to move. There are some exceptions to this general rule. Generally, personal reasons, such as child care responsibilities or transportation problems, are not considered good cause to quit. For example, if an employee is being mistreated or harassed by a coworker or is concerned about an unsafe work condition it is generally required that the employee report the issue to the department or individual at the employer who is responsible for addressing such concerns to provide an opportunity to correct the situation. DEW expects that an employee take all reasonable steps to resolve a problem that might lead an employee to quit before taking the dramatic step of becoming completely unemployed. "Good cause" must be connected with the employment and not personal in nature. It is very hard for a claimant who has quit his or her job to be found eligible for unemployment benefits. The claimant bears the burden proving “good cause” for quitting. A claimant who is found to have quit without good cause is completely disqualified from receiving unemployment compensation benefits until he or she secures employment and has earned wages equal to at least eight times the weekly benefit amount of the previous claim. The most often fought-over issue regarding unemployment benefits is the reason for separation from the job because this issue can affect the claimant's eligiblity for benefits and the employer's unemployment tax rate.Ī claimant is ineligible for unemployment if he or she is found to have quit his or her job voluntarily without good cause.
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