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The employer appears to be alleging your work performance was misconduct, which really isn't the case...but they are allowed to appeal as a matter of right (i.e., the agency has to hear the appeal). “misconduct”, as used in section , “is a substantial breach by the employee of an important duty or obligation owed to the employer, willful or wanton in character, and tending to injure the employer”.The test for misconduct is essentially volitional. “The conduct may be harmful to the employer’s interests and justify the employee’s discharge; nevertheless, it evokes the disqualification for unemployment insurance benefits only if it is willful, wanton or equally culpable.” . Only, “An employee’s deliberate disobedience of a lawful and reasonable instruction of the employer, related to the employer’s business, is misconduct”. However, mere mistakes, like you made in this instance, do not constitute misconduct. You, therefore, in defense of the appeal only need to state that the verification misses were merely accidental, not intentional and not with an intent to harm the employer for certain. Their harassing you prior to this really isn't relevant to the matter, except as to argue the missed verification weren't even the real reason for termination.
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