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Discharge and breach meaning9/9/2023 ![]() On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertence or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute. is limited to conduct evincing such wilful or wanton disregard of an "employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree of recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional disregard of the employer's interests or of the employee's duties and obligations to his employer. The intended meaning of the term 'misconduct'. When the specific facts are obtained, the determination of misconduct will follow the guidelines provided for the specific facts. ![]() Very often, "poor performance" means "not meeting quantity standard," "too many personal phone calls," "unreliable attendance," etc. ![]() When an employer discharges a claimant for "poor performance" or "unsatisfactory performance," it is necessary to get specific facts from the employer. If such a person is discharged, the discharge is not for misconduct. Because of limited mental capacity, inexperience, or lack of coordination, for example, a conscientious employee may be unable to perform the duties of his or her employment to the satisfaction of the employer. This does not mean that every employee who is discharged for unsatisfactory job performance is discharged for misconduct. A failure to do so can justify a discharge for misconduct. It is the responsibility of any person entering into a contract of hire to abide by the implied or explicit agreement that he or she will perform to the best of his or her ability. This section discusses principles to be applied when adjudicating issues arising when the claimant was discharged for failure to perform on the job as he or she should have performed. ![]()
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