Terminated before probation period ended
When a person is terminated during a 9 month probation period, note the probation period does not end until 10/18/00 and termination is to be 10/6/00 because employer states that employee has been unable to learn that job can this person receive unemployment. Not only that but employee has written documentation to verify different than employer has stated, employee can verify that employee has correctly accomplished the tasks because supervisor complete review sheets with each case and employee has copied each one. The documentation that supervisor stated is incorrect. Employee stated this and show documentation but the employer did not care to investigate. This is a county job which involved medicaid.
Answers (1)
A person is not disqualified from unemployment because of inability to do the job. The following is a quote from a leading case in North Carolina, Douglas v. J.C. Penny ,67 N.C.App. 344 (1984).
Good luck getting your benefits.
Claimant was denied benefits after it was determined that she was discharged for misconduct connected with work pursuant to G.S. 96-14(2). Misconduct, as that term has been construed by our courts, is conduct evidencing a willful or wanton disregard for an employer's interest, as demonstrated by the following types of conduct:
(1) deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee;
(2) carelessness or negligence of such degree or recurrence that it manifests equal culpability, wrongful intent, or evil design, or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.
In re Collingsworth, 17 N.C.App. 340, 343-44, 194 S.E.2d 210, 212-13 (1973); see also Intercraft Industries Corp. v. Morrison, supra; In re Cantrell, 44 N.C.App. 718, 263 S.E.2d 1 (1980).
[4] Mere inefficiency or unsatisfactory job performance does not amount to misconduct. In re Kidde & Co. v. Bradshaw, 56 N.C.App. 718, 289 S.E.2d 571 (1982). Nor does violation of a work rule constitute misconduct if the evidence shows that the employee's actions were reasonable and taken with good cause, good cause being that deemed by reasonable men and women valid
and not indicative of an unwillingness to work. Intercraft Industries Corp.
v. Morrison, supra.
posted by J. Griffin Morgan | Dec 5, 2000 08:27 AM [EST]
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