Hearing Officer agreed that the Employer failed to follow its progressive discipline policy and, as a result, it lacked just cause to terminate our client. Benefits approved. (3/29/2017)

Employee with prior disciplinary record was terminated for entering the wrong code on a lab report; however, because the error was immediately caught and corrected the Hearing Officer agreed that the employer lacked just cause to terminate. Benefits Approved. (3/27/2017)

Employee requested vacation many weeks in advance and paid for the vacation, only to be told a couple days before that he would be terminated if he took the vacation. The Hearing Officer agreed that the Employer lacked just cause to terminate because it could not show the employee's actions, "were so egregious or unreasonable as to warrant a denial of unemployment benefits." Benefits approved. (3/23/2017)

Even though the employee did not have medical documentation, she provided credible testimony that she was absent only twice and was ill each time. "Absenteeism caused by bona fide illness, reported to an employer, is not just cause for discharge." Benefits Approved. (3/15/2017)

After an employee's supervisor laughed with a customer who was calling her stupid and then argued with her when she complained, she became upset, crying, and said she needed to take the rest of the day off. The Hearing Officer agreed that the employer did not have just cause to terminate her for arguing or leaving early when it did not object or warn her that she would be disciplined. Benefits approved. (3/13/2017)

Employee who had a conversation about wages with his supervisor and finished the conversation by saying he was "done," had not resigned. Rather, even though he reported off for the next day, the fact that he asked why the employer took him off the schedules confirmed that he only meant he was "done" with the conversation. Benefits approved. (3/13/2017)

Hearing officer agreed that an employee who used the F word, but was responding to the supervisor's use of profanity, was terminated without just cause. Benefits approved. (3/6/2017)

Employer's policy provided discipline steps for attendance, including termination after the 6th occurrence. It was shown that Employer did not follow its policy, terminating after the 5th occurrence and with only one prior warning. Benefits approved. (3/3/2017)