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It outlines the performance issues that the employee needs to improve and how. If you have the availability, you might consider additional training or education if your new career requires it. The claimant's only reason for failure to check the valve was that the employees had agreed among themselves that whoever had this assignment would not be expected to check the lower valve. There are two types of misconduct: regular or "simple" misconduct and gross misconduct. One of the criteria for eligibility for collecting unemployment is becoming unemployed through no fault of your own. Reasonable Standard below). At the time the claimant was hired, he received a course of instructions covering the company's rules and the motor vehicle laws with which he was expected to comply. The employer's standard was reasonable (see 3. There would be no misconduct involved. Workers who leave their jobs for personal reasons or who are fired may not be eligible for Unemployment Insurance benefits. Remember: If you are unable to prove misconduct, your case will probably be adjudicated as poor work performance (inability to do the job), and the employer's account will be charged for benefits. It is only necessary to show that the claimant's failure to perform his work properly was knowing, intentional, or deliberate. Division of Unemployment Insurance - Government of New Jersey For example, if the claimant was a driver involved in several traffic accidents and the accidents were caused by the claimants failure to follow the traffic laws, the discharge would be for misconduct. Even in the absence of this liability, damage of the employer's interest due to disruption of working activities and adverse publicity, could constitute misconduct. While she used to be a good worker, shes now making a lot of errors, coming in late from time to time and not getting along with her co-workers. Read our, How To Tell if You Are Eligible for Unemployment Benefits. In some states, being fired for misconduct may bar you from receiving unemployment benefits permanently. In this case the employer instructed its employees that when releasing wine into the vats, it was the duty of the individual attaching the hose to the intake valve to close and cap the lower valve. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. A person claiming unemployment benefits will be eligible if he or she is:-- Out of work due to no fault of his or her own.-- Physically able to work.-- Actively seeking work.-- Ready to accept work.