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Employment Development Department
Employment Development Department

Misconduct MC 15 - Fact Finding Guide

Attendance

Absence

  1. On what dates was the claimant absent, for which he/she was discharged?
  2. Had the claimant asked for permission to be absent? If not, why not?
  3. If the employer refused permission, what reason did the employer give for refusal?
  4. What was the claimant's reason(s) for absenting himself or herself without permission? What reason did he/she give to the employer for the absence?
  5. If the absence was due to incarceration:
    1. Was the claimant absent for more than 24 clock hours?
    2. Was the claimant convicted of the charge for which he/she was incarcerated?
  6. Did the claimant plead guilty or nolo contendere to the charge?
    Had the claimant had prior unexcused absences? If yes,
    1. What were the reasons for these prior absences?
    2. Had the claimant been warned or reprimanded for these absences?
    3. When were these warnings or reprimands given?
  7. Had the claimant had prior warnings or reprimands for other type of infractions? If yes, when and for what infractions?
  8. If the claimant was discharged for obtaining permission to be absent under false reasons, would the employer have granted the leave had the true reasons been known?
  9. If the claimant was discharged for submitting false documentation to support his or her absence:
    1. How did the employer find out the documentation was false?
    2. Did the claimant admit submitting false documentation?
  10. If the claimant was discharged for failure to submit medical verification of his or her absence, what was the reason(s) for the failure to submit verification?

Tardiness

  1. What was the date of the tardiness which caused the claimant's discharge?
  2. What time was the claimant due at work?
  3. What time did he/she actually arrive?
  4. What was the claimant's reason for being tardy?
  5. What reason did he/she give to the employer for being tardy?
  6. What effect did the claimant's tardiness have on the employer's operation?
  7. Had the claimant previously been tardy? If yes,
    1. What were the dates he or she was tardy?
    2. What were the claimant's reasons for each tardiness?
    3. Had the claimant been previously warned or reprimanded about tardiness?
    4. When were these warnings or reprimands?
  8. Had the claimant previously been warned about violations of other standards of behavior, such as unauthorized absence or failure to follow instructions?

Notice (Questions in this section are applicable to both Absence and Tardiness)

  1. What was the employer's rule regarding notice?
  2. Was the claimant discharged for failure to notify the employer? If yes,
    1. Why did the claimant fail to notify?

      (1) No Phone

      • No phone listed in the Telephone directory?
      • No phone in employer record?

      (2) Incarcerated?

      • Was the claimant allowed to make phone calls?
      • Was there another person who could call for the claimant?

      (3) Illness?

      • So ill that he/she could not call?
      • Did he/she go to see a doctor?
      • How soon did he/she recover?

      (4) Emergency? How did this prevent the claimant from calling?

    2. Why did the claimant fail to give continuing notice? Did the claimant know continuing notice was required.
    3. If the claimant asked someone to notify the employer and that person failed to notify as requested:

      (1) Name of person asked to notify?

      (2) Was it reasonable for the claimant to request that person to call?

      • What was the relationship of this person to the claimant?
      • Was the relationship such that the person could be relied on?
      • Had that person done it before?
  3. Was the claimant discharged for failure to give notice according to the employer rule?

    If yes,

    1. In what ways did the claimant's notice deviate from the rule?

      When did the claimant call?

      To whom did the claimant speak?

    2. Why did the claimant fail to follow the rules?
  4. Had the claimant been warned or reprimanded previously about failure to give proper notice? If yes, when were these warnings and reprimands given?