Employee Misconduct

Misconduct – When Employee is Fired

If an employer can prove misconduct, a claimant will be denied unemployment benefit compensation. Following are the definitions and examples of “misconduct” used by Employment Security.

RCW 50.04.293 & .294 – Misconduct-related Firing

  • Employer has burden of showing firing due to misconduct
  • Misconduct includes, but not limited to:
    • Willful or wanton disregard of the interest of the employer or a fellow employee
    • Deliberate violations or disregard of standards of behavior the employer has the right to expect of you
    • Carelessness or negligence that causes or would likely cause serious bodily harm to the employer or another employee
    • Careless or negligence of such a degree or recurrence that shows an intentional or substantial disregard of the employer’s interest

Behaviors that are Not Misconduct

  • Not able to do the job to the employer’s satisfaction after best effort made
  • Honest mistake

Behaviors that are Misconduct

  • Insubordination: Refusing to comply with reasonable request
  • Repeated unexcused tardiness or absences: Continued behavior even
    after warnings
  • Rule violation: Continued violations even after warnings
  • Violence or fighting: Deliberately engaging in behavior with someone on the job
  • Stealing: Lying to employer or stealing
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