Human Resource Blog

Fired in Kansas

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I was fired from my employer the first of May, for not clocking out one time in my five years there. It was for a break, which the employee handbook states you cannot leave the property for a break, and if you do there would be discipline. It never speaks of immediate termination. With that in mind, would I quailify for unemployment?

The only way to know for sure if you will qualify for Kansas unemployment benefits is to apply for them. You can apply for unemployment online at https://www.uibenefits.dol.ks.gov/. Applying for unemployment is fairly easy. The worst they can do is say “no.”

 

 

Usually, in order to qualify for unemployment, workers must be unemployed through no fault of their own. Being terminated for misconduct may not meet that test. However, sometimes unemployment benefits are awarded when the employee has received no previous warning of a violation.

When an employee handbook says “violators may be subject to discipline” the employer doesn’t have to specify the discipline. It may vary, depending upon the severity of the circumstances. Discipline can include verbal or written warnings, unpaid suspensions or termination.

It’s not clear if the employer over-reacted, or if the employee is not giving us the entire story.

Suppose John was onsite but forgot to clock out for his usual 10-minute break. That would not seem to justify immediate termination – a verbal or written warning would seem more appropriate, unless there are other issues we are not aware of.

Now, suppose John was discovered at a neighborhood tavern drinking beer while still on the clock. That is a situation that would justify immediate termination.

The termination also suggests that the employer believes – rightly or wrongly – that this is the first time the employee was caught, not the first time the employee committed this infraction.