Poor Performance and Misconduct Often Get Confused

When citing a reason for termination, the term “poor performance” is often misunderstood. Employers sometimes label employee problems as poor performance or unsatisfactory work; however, in certain cases the separation should be labeled “misconduct” to define the exact cause for termination.

Providing the state with “poor performance” as the reason for the separation may allow the former employee to be paid unemployment benefits because states often view performance issues as the employer’s fault, not an employee’s willful or deliberate action. Misconduct is defined as a deliberate or willful act within an employee’s control. Several questions below can help an employer determine the situation:

  • Was the employee aware of the consequences of his actions?
  • Was the employee warned prior to final incident?
  • Were verbal and written warnings given?
  • Was the employee’s action deliberate or willful?

To disallow unemployment benefits when referencing an involuntary separation, an employer must prove to the state that the employee’s actions were willful. Documentation of the following will help the employer win the claim:

  • Employee training
  • Employee was offered further training
  • Warnings (verbal and written)
  • Corrective action plan
  • Signed acknowledgment that employee was aware of all company policies