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Q.When should a claim for unemployment compensation be contested?
A.Employers typically will contest unwarranted unemployment claims to lower their unemployment tax rate.
An unwarranted unemployment compensation claim arises when an employee requests unemployment after: (1) being terminated for misconduct or (2) quitting voluntarily without good cause.
In California, if the employer terminates an employee for "misconduct", the employer must prove the employee:
- willfully disregarded the employer's interest;
- purposefully disregarded the employer's legitimate behavior standards, or
- frequently disreaded his or her duties.
Simple inefficiency and isolated instances of negligence do not constitute misconduct.
In California, if the employee voluntarily quits, but still wants unemployment, the employee must prove s/he left for "good cause," a compelling reason or because s/he had no choice but to leave. Good cause has been held to exist if the employee was suject to sexual harassment or leaves to protect against further acts of domestic violence.
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