Failure to Comply with Company Policy

Category / Final Incident

Scenario

An employee fails to follow an employer’s disciplinary policy.

Situation

An employee was insubordinate to his boss on 3/1/16 and was discharged 3/2/16. The Department of Labor (D.O.L.) would first ask when the final incident occurred, which would be 3/1/16. The next question by the D.O.L. would be to clarify what exactly occurred on 3/1/16. When the claimant’s boss asked him to do something that was part of his job scope the claimant refused. He continued to refuse to do the task and told his boss to shut up.

Naturally, the claimant’s boss asked him to “cool off” but the claimant walked away and started to shout in the middle of the room where there were other employees. The claimant shouted that he “hates the company and everyone in it.” Subsequently, the claimant was discharged the next day. He had no prior warnings but his actions, according to the employer, were grounds for immediate termination. The claimant received the company’s code of conduct and signed the employee acknowledgment at the start of his employment.

Takeaway

Since each state has its own unemployment insurance department and laws, one state could rule the claimant eligible and another could disqualify. Most states would disqualify the claimant, as his actions were grounds for immediate termination and considered misconduct. Insubordination and inappropriate behavior was in the company handbook and it also indicated certain situations that could lead to automatic termination. There is also proof that the claimant received the company handbook. Considering all components, the claimant should be disqualified from unemployment insurance benefits.

The final incident remains a key component when the D.O.L. determines if a claimant is eligible or disqualified for unemployment compensation.

© 2019 Industrial U.I. Services, All rights reserved. David Taylor Design | NJ Web Design Company