By Howard Fischer | Capitol Media Services | Arizona Daily Star
Being a few minutes late for work a couple of times may permit an employer to fire a worker.
But it is not enough to deny her claim for unemployment benefits, the Arizona Court of Appeals has ruled.
The judges overturned the decision of the state’s Unemployment Insurance Appeals Board that Lenita Norwood had been fired for just cause and therefore was ineligible for benefits. They said the evidence on the record showed no real pattern of misconduct.
Potentially more significant for employers, the court said that disqualification from benefits occurs only when there is “a material or substantial breach” of the worker’s duties and obligations or if the breach “adversely affects a material or substantial interest of the employer.” In this case, they found neither.
If you’d like to discuss health care or employment law, contact David Weissman, head of Rose Law Group Employment Law Department. dweissman@roselawgroup.com
