CAWP News Issue 4-09

Unemployment Compensation: Quit or Discharge?

The determining factor in deciding whether a separation is a voluntary quit or a discharge depends on which party initiated the separation. If the employer initiated the separation, it is a discharge. If the employee initiated the separation, it is a voluntary quit.

The burden of proof is different for each. For voluntary quit, the burden is on the claimant to show a necessitous and compelling reason for quitting. A voluntary quit claimant is ineligible for compensation for any week in which his or her unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature. Examples of possible voluntary quit include health reasons, transportation problems, seeking another job, personal reasons, moving to follow a spouse, attending school, or a voluntary layoff.

For a discharge, the burden of proof is on the employer to show that the claimant was discharged for willful misconduct connected with the work. An employee shall be ineligible for compensation for any week in which his or her unemployment is due to discharge or temporary suspension from work for willful misconduct connected with the work.

Willful misconduct is defined as:

The wanton and willful disregard of the employer's interests; the deliberate violation of rules;

The disregard of standards of behavior which an employer can rightfully expect of an employee;

Negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer's interests or the employee's duties and obligations.

Examples of possible willful misconduct situations include absenteeism, tardiness (no point system), rule violation, insubordination, damage to equipment, profanity (eligibility factors), drug testing, quality and quantity of work.

Source: Unemployment Compensation Roundtable, June 4, 2009, presented by Craig Pontz, Assistant Director of UC Programs, Office of UC Benefits.