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  1. #1
    Join Date
    Nov 2011
    Posts
    6

    Default Challenging a Denial of Unemployment Based on Willful Misconduct

    My question involves labor and employment law for the state of: Connecticut

    My basic idea here is my state's interpretation of "willful misconduct" on unemployment benefits

    What happens is I was discharged from my employers due to a policy violation of missed time punches. The policy assess you points for that. After hitting 8 you are terminated. What happen was I was late only once but had full attendance beyond that. I have a condition of sleep apena that I made my employers aware of that caused memory lapses, resulting in my extra ordinary instances of missed punches. However, I was fired and had to proceed to file for unemployment.

    At a phone hearing, I stated the above facts to labor employee presenting cases from me and employers. There was a brief statement from this labor person about getting a doctors note to document this but strangely it was dropped when I informed him that I got work again after 1 1/2 weeks. After that, he basically gave a "dont worry, dont need the note you ought get it on its merits" statement. I did ask him twice if he was sure about this and he assured me yes.

    Well 2 weeks go by and I finally get a ruling of denial. Calling my labor dept to find out why, I was informed that I had "willful misconduct" on my missed time punches and it was no impact at all that I had sleep apena. Needless to say, I am appealing this and will present doctors notes to back it up.

    My question is the interpretation of "willful misconduct" when an employers does not say you missed work only punching in and does not fight your claim but some labor person in my state still maintains I am in violation? It seems a pretty broad ruling but looking to see anyone elses view on this

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Broad View of Willful Misconduct-Connecticut

    You can read this:

    Sec. 31-236-26. Wilful misconduct-general To find that any act or omission is wilful misconduct in the course of employment, as defined in section 31-236-26c OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, the Administrator [must] SHALL find that:
    1. the individual committed deliberate misconduct in wilful disregard of the employer’s interest, as defined in section 31-236-26a OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; or
    2. the individual committed a single knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, provided such violation is not a result of the employee’s incompetence, as defined in section 31-236-26b OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; or
    3. in the case of absence from work, the employee was absent WITHOUT GOOD CAUSE FOR ABSENCE FROM WORK, AS DEFINED IN SECTION 31-236-26d OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES OR without notice, AS DEFINED IN SAID SECTION 31-236-26d, for three separate instances, AS DEFINED IN SAID SECTION 31-236-26d, within [an eighteen-month] A TWELVE-MONTH period.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Broad View of Willful Misconduct-Connecticut

    My view is the same as it was on the other board where you posted this (and you'll find a great many of the same responders here). When you've been warned about an issue and you fail to correct it, that is grounds for termination and it is grounds for a denial. The correct time to make your employer aware about a medical condition that you believe they should take into consideration is before you earn 8 points, not after.

    And I still maintain that sleep apnea is not a valid excuse for failing to punch in and out.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Broad View of Willful Misconduct-Connecticut

    Check out the other board for my best advice on how you might win the appeal. You got an initial decision. It is now totally unimportant what the claims taker said, how they acted, etc. You do not base your argument from here on on what you were told by the person who did the original decision. The whole thing will be re addressed in the appeal hearing.

    Personally, as an agency representative, I would never ever ever tell anyone in a fact finding investigation, or while having a conversation with a claimant or an employer, nor would I ever permit a person I was training or supervising to take claims EVER allow them to make a statement regarding whether a person was going to or was likely to get approved or denied for benefits. That shouldn't ever have happened. And what they said is now totally unimportant anyhow.

    You do need a doctor's statement regarding your condition if you are going to pursue this appeal. You do need to participate in the unemployment hearing for this claim, even if you went to work after a week and a half. That fact should have no bearing on whether this particular claim is approved or denied. If you are approved on this claim, even though you've returned to work, you would've been entitled to at least one week of unemployment. If you are denied, and it stands, you will not be able to draw benefits again until you have worked and made a certain amount of money, usually ten times the amount you could have drawn.

    You say: "[I]My question is the interpretation of "willful misconduct" when an employers does not say you missed work only punching in and does not fight your claim but some labor person in my state still maintains I am in violation? It seems a pretty broad ruling but looking to see anyone else's view on this."


    Anyone else's views on this do not matter nearly as much as the views of the officers of the agency who are interpreting the unemployment law. Frankly, whether the employer comes out fighting on this one or not, misconduct means violating a company policy willingly and knowingly. The unemployment law is not going to get into whether or not it was an important company policy or a reasonable company policy, because you accepted the company's policies when you went to work there and you had worked there while aware of this company policy. It could have been "going out the left side of the door" or "wearing green socks" as long as they chose to make it a policy and enforced the rules concerning this policy and kept the employees informed of this policy.

    Your excuse for not following the policy (sleep apnea) is a stretch by any eyes that are apt to look at it. And it is totally possible (and legal) for the adjudicator to deny the claim even if the employer does not participate in the hearing or provide information, based on evidence that the person's behavior was, in fact, actual willful misconduct by the definition of the unemployment laws. And it's not a broad ruling, really. It's a very specific ruling. Fail to clock in or out correctly eight times, and you are terminated. That's a very narrow definition of of a specific misconduct based on this company's rules. You knew about it. You didn't follow that rule. Your excuse is that you had sleep apnea that made you unable to do it. Is that a good enough excuse? if they decide it's not, then you committed the misconduct the required number of times and you are out and unemployment benefits are denied.

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