Misconduct MC 310 - Fact Finding Guide

Neglect of Duty

A. Duties Not Discharged

1. When and what did the claimant neglect to do that resulted in the claimant's discharge?
2. Did the claimant know what his or her duties were?
3. What instructions or guidance did the claimant receive on the job?
4. Was the claimant capable of performing the duties?
5. Was there any witness to what the claimant neglected to do?
6. What was the claimant's explanation for what he or she neglected to do?
7. What effect did the claimant's neglect have on the employer's interests?
8. Had the claimant on prior occasions done or neglected to do what resulted in his discharge?
9. Had the claimant been warned or reprimanded before for similar neglect of duty?

   NOTE: Prior warning or reprimand is not required for misconduct in case of gross negligence.

10. Did the claimant attempt to conceal his or her neglect of duty?
11. How did the claimant attempt to conceal his or her neglect?
12. Could the employer have avoided injury had the claimant not attempted to conceal?

B. Sleeping on the Job

1. Does the claimant admit to sleeping on the job? If not, was there any witness to the incident?
2. Where was the claimant sleeping? Was this part of the claimant's regular work station?
3. What was the claimant's physical position when the employer found him or her allegedly sleeping?
4. How long was the claimant asleep? Was the claimant just dozing off?
5. If the claimant admits to having fallen asleep, what explanation does he or she offer?
6. If the claimant alleges illness for his or her sleeping on the job, did the claimant inform the employer of such illness?
7. Is the illness substantiated?

   NOTE: If the claimant has been under the care of a doctor, contact the doctor for specific information concerning symptoms and effect of any medication.

8. If the claimant alleges tiredness for his or her sleeping on the job:
   1. Was it due to working a double shift or overtime or other reason?
   2. Did the claimant inform the employer that he or she was too tired to continue to work?

C. Temporary Cessation of Work

1. When did the cessation of work occur?
2. How long was the cessation of work?
3. What were the claimant's duties that he or she should have performed during the cessation?
4. Why did the claimant stop working, or leave work before quitting time? Is it a compelling reason?
5. Did the claimant obtain prior authorization for ceasing work or leaving early?
6. If the claimant did not obtain prior authorization, why not? Is it a compelling reason?
7. What effect did the cessation of work have on the employer's interests?
8. Had the claimant on prior occasions ceased work without authorization? If so, when were these prior occasions?
9. Had the claimant ever been warned or reprimanded about the same or similar offenses? When? By whom?

D. Wasting Production Time

Refer to appropriate questions under A. above.