Employment Law Questions? Ask an Employment Lawyer.
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"Misconduct" is a high standard, which generally requires showing that the employee engaged in behavior with an intentional or reckless disregard for the interests of the employer. Ordinary "performance issues" generally will not satisfy the definition of misconduct, provided the employee was making a good faith effort to do their job. So, what you'll typically want to do during your interview is emphasize how you were not fired for anything done intentionally or recklessly to hurt your employer. If you were let go because of a complaint you made to HR, it is extremely unlikely that would give rise to a finding of misconduct, so you probably do not have much to worry about.
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