If the observance of certain laws are requisite for the performance of the claimant's duties, the claimant, in violating those laws, will at the same time be violating standards of behavior which the employer has a right to expect. 0000002618 00000 n
Although the claimant testified that his work improved after those discussions, his superintendent believed that the claimant had failed to improve sufficiently to warrant retention of the claimant's services. The claimant admitted filing late reports, that at time of termination, his last three reports had all been late. If youve been let go for performance reasons, youll want to know how to avoid this issue again. He was expected to call upon old customers and develop new customers in his territory and to submit weekly reports showing the calls he had made. Whether you think you qualify or not, it still a good idea to apply for benefits. "Gross misconduct involves a crime of the first, second, third or fourth degree under New Jersey criminal. The claimant had materially breached a duty owed the employer. 7600A Leesburg Pike, West Building, Suite 300, Falls Church, VA 22043, Overtime Labor Law: 6 compliance tips to avoid overtime lawsuits, wage-and-hour Labor audits and FLSA exemption mistakes, How to Fire an Employee the Legal Way: 7 termination guidelines, HOW INTERMITTENT FMLA WORKS & HOW TO MANAGE IT: Guidelines on managing intermittent leave and curbing leave abuse under FMLA regulations, Wanton and willful disregard of an employers interest, Disregard of standards of behavior which an employer can rightfully expect from the employee. Incompetent employees are unable to perform their job duties as directed, even with assistance. Weve talked to her about these issues, but her performance has not improved. Apart from addressing attendance issues, you can also use job performance improvement to address failures to meet specific job goals. The claimant's unemployment resulted through no fault of her own. If you turn down a suitable position (that is, one that is reasonably on par with the responsibilities and salary of your previous roles), your unemployment benefits may be terminated. . endstream
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