With that for a "final straw that broke the camel's back" I think you are in great shape here. The thing is, of course, she may appeal the decision even if she is denied on the first decision. Then you'll have a hearing. But don't worry. Since this was not an "unavoidable" situation, like an illness or medical event, the incident that precipitated her firing will probably be determined to be her bad. Never get too stressed, this is going to work out. Next time, let the bad employee go quickly, as soon as you figure out she's not working out, instead of giving her a thousand chances. That's never a good idea, will stress you far more than it ever does the bad employee. And your actual unemployment liability will be much smaller if you get rid of the non performer quickly.