If a new employee only lasts their 1st day, are they still eligible for full unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a new employee only lasts their 1st day, are they still eligible for full unemployment?

We are an employer who hired a new employee last year on a probationary basis. She worked for us for one day and was asked not to return due to angered patients with her lack of care and professionalism exhibited lack of care with biohazard materials exhibited insubordinate behaviors made unauthorized decisions. Since then she has applied for unemployment and has won. We are trying to appeal this decision. As an employer do we have any rights in this matter or is she allowed these benefits?

Asked on April 17, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she were fired "for cause," such as for insubordination, violation of employer policy (including safety rules--e.g. the biohazard materials), exceeding her authority, ignoring supervisor/manager directives or instructions, etc., then she should not be eligible for unemployment compensation. From what you write, it may be that you could honestly and fairly characterize her termination as for cause; if that is the case and you can show that on appeal, you may be able to reverse her grant of unemployment benefits.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption