Nevada Unemployment Appeal Guidelines

Posted by: on Wed, Oct 15, 2014

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NRS 612.385 Discharge for Misconduct. A person is ineligible for benefits for the week in which he has filed a claim for benefits, if he was discharged from his last or next to last employment for misconduct connected with his work and remains ineligible until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of not more than 15 weeks thereafter as determined by the administrator in each case according to the seriousness of the misconduct.

 

GENERAL DEFINITION: Misconductoccurs when an employee deliberately and unjustifiably violates or disregards his or her employer’s reasonable policy or standard.  Misconduct can also
be found when an employee otherwise acts in such a careless or negligent manner
as to show a substantial disregard of the employer’s interests or the 10
employee’s duties and obligations to the employer. Disqualifying misconduct
must contain an element of wrongfulness.

1. Absence from work or being late for work: An employee has the duty to report for work and remain at work in accordance with the reasonable requirements of the employer. If an employee is going to be absent from work, it is his or her responsibility to give proper
notice in time to permit the employer to make such arrangements as are
necessary to replace the employee. Not all absences are foreseeable, but if an
employee knows he or she is due at work and cannot report, say for illness, it
is the employee’s responsibility to inform the employer as soon as possible.
The reasonable policies of the employer are considered in determining what
adequate notice is.

 

a. Refused permission: It is reasonable for employers to require advance permission to be absent when the absence can be anticipated, for instance, in requests for vacations. However, a
prudent worker will not take time off when his or her request is refused. If an
employee is denied permission but is absent anyway, the necessity for the
absence and the employer’s reasons for not granting permission will be weighed.
The discharge will be considered misconduct if the employee is absent for
a capricious reason, or if the employee fails to provide a legitimate excuse
,
such as failing to provide a doctor’s statement in the case of illness, or if
the employee was absent due to intoxication. If an employee deliberately gives
a false reason to obtain time off and the employee knew it would not have been
approved if the employer knew the true reason for absence, a discharge for
dishonesty in these circumstances is for misconduct.

 

2. Duty to employer: An employee owes a duty to support and serve the employer’s interests and not to engage in acts or make statements that show disregard of the employer’s interests. Making inappropriate disparaging remarks that have the potential of harming the
employer, the supervisor, the product, or the service, may constitute
misconduct. Mere griping or normal complaints directed through proper channels,
such as the chain of command or through a grievance procedure, are not
misconduct unless it reaches the point of interfering with the work.

 

b. Insubordination: Insubordination is a single or continuing refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority.  Insubordination may
include an act by the employee, which exceeds the authority granted to the
employee by his employer. Insubordination also includes statements or remarks
under circumstances that damage or tend to damage the employer’s interests.
Finally, insubordination includes vulgar, profane, insulting, obscene or
offensive language directed at the employer or supervisor. If the language is
provoked and is an isolated instance, it may not be misconduct.

 

c. Dishonesty: Engaging in dishonest acts or statements, or aiding another person to engage in such acts, which injures or tends to injure the employer’s interests is misconduct. Misconduct also covers an employee who willfully fails to report to the employer the dishonest acts or statements of a co-worker which causes substantial harm to the employer. Other acts of dishonesty include:

1. Theft and embezzlement.

2. Misappropriation of funds.

3. False statements on such items as work applications, time cards, travel expense claims or investigative reports.

4. False reasons for absences.

5. Malicious false statements about other individuals.

 

e. Work Performance: An individual’s failure to perform work properly or neglect of duty is misconduct if he intentionally, knowingly, or deliberately fails to perform, or performs
in a grossly negligent manner, or repeatedly performs negligently after prior
warning or reprimand and in substantial disregard of the employer’s interests.
It is not misconduct when the failure of performance is due to inability,
or if the action is ordinary negligence in isolated instances or are good faith errors in judgment or discretion.

 

f. Violation of employer rules: It is misconduct if an employee violates a rule, if the rule is reasonable and the individual knew or should have known the rule, and the violation substantially injures or tends to injure the employer’s interests. The violation may be
misconduct, even if it involved a minor matter, if the claimant had been given
prior warnings for violation of that rule or other rules. While the final incident is of   primary consideration in determining misconduct, a series of incidents, while not misconduct taken individually, may establish a pattern of behavior detrimental to the employer’s interests and become misconduct. It may not be misconduct if: (1) the
rule is either not enforced or enforced selectively, (2) the violation is condoned, or (3) the employer fails to follow his own policy of progressive discipline. Even if an employer  has a progressive discipline policy, a single act, such as willful dishonesty, may be considered sufficient to support termination.

 

3. Relations with coworkers: An employer has a right to expect that his employees will not conduct themselves toward each other in a manner that will interfere unduly with the efficient
conduct of business. Incompatibility between workers will sometimes occur, but if it manifests itself in overt acts that could impair the efficiency of operations, the acts could be considered misconduct.

 

See State Appeal Guidebook on line.

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. The National Academy of Personal Injury Attorneys named Mark Albright as one of the Top 10 Personal Pnjury attorneys in Nevada in 2014. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

 

 

 

 

 

 

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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