UPDATED: Jun 19, 2016
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I live in New York State. My former employer’s contesting my unemployment benefits citing job misconduct. I was terminated for not meeting 120 day call quota during my 2 year employment. Is this job misconduct?
Asked on June 19, 2016 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Typically, not meeting a call quota is not misconduct for purposes of eligibilty for unemployment compensation. Not meeting a call quota is a performance issue; but poor performance is not misconduct. Misconduct is typically something like insubordination, illegal activity at work, excessive absenteeism, sexual harassment of a coworker, etc. Based on what you write, you would seem to have a reasonable chance of successfully appealing any denial of unemployment benefits. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.