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

UPDATED: Apr 17, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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