In an unemployment claim, if the employee was let go not because there was any "misconduct" but he was not following our instructions and he/she was really slow to learn, is the employer obligated to pay unemployment? Thank you.
State/Country relating to question: California
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service. In general, an individual will be eligible to receive benefits provided that they have received enough wages during the base period to establish a claim (either $1300 in one quarter of their "base period," or at least $900 in their highest quarter and total base period earnings of 1.25 times their high quarter earnings), they are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of their own.At issue in your circumstance is the final criteria--unemployed "without fault," which is defined as unemployed for reasons other than "misconduct." In general, Title 22, Section 1256-38(b)(1) provides: "Ordinarily inability or incapacity to perform the job or inefficient performance is not misconduct."However, section 1256-38 goes on the state: "However, misconduct exists if inability, incapacity, or inefficiency is due to one's willful failure to perform to the best of his or her abilities."Thus, if an employee's inadequate performance is the result of circumstances within his or her control and he or she does nothing to improve the performance, there is a willful failure to perform adequately which is misconduct.It is therefore necessary to distinguish between those cases where the claimant's assignments were beyond his or her capabilities and his or her performance was to the best of his or her ability, and those cases where the claimant knowingly and willfully failed to perform to the best of his or her ability.So, pursuant to the above stated law, an employee would simply have to demonstrate that they were performing to the best of their ability and that any performance issues were unintentional.Assuming an individual applying for UE benefits can prove that performance issues were unintentional and they otherwise meet the remaining criteria set forth above, they should be eligible for benefits.I sincerely XXXXX XXXXX this information helps you and I wish you the best.If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
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