Eligibility for unemployment- misconduct?

Question

I have a State job, and I'm at the end of a year-long probationary period. During my first 2 months of employment, I had 3 instances of petty misconduct (attending an out-of-office meeting w/o accompaniment, playing a sudoku puzzle on MS Excel, and coming back late from lunch). I was counseled on these incidents but was not terminated. At the end of the standard 6-month probationary period, they elected to extend the probation period, rather than give me permanent status or terminate me. Since then, I've had no incidents of misconduct, but I've heard rumblings that my boss is concerned I may simply not be a good fit for the job and may not receive the appointment.

If I'm terminated due to failing a working test period, could they successfully argue that I'm not entitled to unemployment due to incidents of misconduct that took place over 8 months ago? Or would they have to prove my termination was immediately precipitated by misconduct?

Thanks!

Answer 1

If you are discharged, these actions would not constitute misconduct. To constitute MC, your actions would have to be more serious, or continuous. Being that your reprimands were so long ago, any disqualification period for these recognized infractions is long past. The fact that you were allowed to continue working counts in your favor. As long as you perform your job duties to the best of your ability, poor performance alone is not a disqualifying issue. Also, most states use a third party agent for representation, and limited information is given to the agent for your claim.

Answer 2

If you're fired for deliberate misconduct, then you might not get unemployment comp. But the incidents you mention probably wouldn't be enough to keep you from getting benefits, especially as long ago as they were.

In any case, file if you are terminated - you don't get benefits if you don't. It's possible you'd be turned down, but not likely.

Answer 3

File no matter what. Unemployment liberally favors the employee.

Answer 4

I would think that YOU WOULD be in-titled to benefits. File and get your benefits!!