Traditionally, unemployment benefits can go to any laid-off employee not guilty of “misconduct.” By law, simple failure to meet production quotas, for example, cannot be deemed misconduct unless it represents a “willful and wanton” refusal.
In the past two years, however, four states have rewritten their laws to vastly expand the definition of misconduct.
In Arkansas, the Society of Human Resource Managers successfully promoted a bill that redefines misconduct to include “violation of any behavioral policies of the employer.” Tennessee adopted similar language, with the enthusiastic support of the Chamber of Commerce. The statute specifically defines absenteeism as a form of misconduct.
The National Federation of Independent Business quickly notified member companies that they should “make sure you have a written attendance policy that each employee has reviewed and signed,” so that unexcused absences may be used to terminate employees and then deny them UI.
Florida, too, redefined misconduct to mean violation of any “reasonable standards of behavior which the employer expects.”
In the summer of 2012, a Florida lifeguard was famously fired for running to the rescue of a drowning man who was located outside the zone his employer was contracted to patrol. “We have liability issues and can’t go out of the protected area,” explained his supervisor. “He knew the company rules.”
Under the new law, such heroism may not only get Florida lifeguards terminated but also be deemed “misconduct” that renders them ineligible for unemployment benefits.
Chosen excerpts by Job Market Monitor
Job Market Monitor 
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