Job Misconduct

I live in New York State. My former employer’s contesting my unemployment benefits citing job misconduct. I was terminated for not meeting 120 day call quota during my 2 year employment. Is this job misconduct?

Asked on June 19, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Typically,  not meeting a call quota is not misconduct for purposes of eligibilty for unemployment compensation. Not meeting a call quota is a performance issue; but poor performance is not misconduct. Misconduct is typically something like insubordination, illegal activity at work, excessive absenteeism, sexual harassment of a coworker, etc. Based on what you write, you would seem to have a reasonable chance of successfully appealing any denial of unemployment benefits. Good luck.

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