How can I challenge an employee’s claim for unemployment benefits based on their misconduct?

Responding to unemployment insurance (UI) benefit claims can be a complex process for employers. It is important that an employer understands the legal definition of misconduct before deciding whether to challenge a terminated employee’s claim for unemployment benefits.

Under California UI Code Section 1256, if an employer fires an employee, unemployment benefits will be denied only if the employer can show that the employee was discharged for misconduct connected with their most recent work.

“Misconduct,” as used in the code, is defined as willful or wanton disregard of an employer’s interests, or such carelessness or negligence as to manifest equal culpability (Amador