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Employment Development Department
Employment Development Department

Misconduct MC 350 - Fact Finding Guide

Off-the-Job Conduct

A. General questions (For all situations except off-the-job traffic violations, preemployment activities and wage garnishment, for which questions are provided in 2., 3., and 4. below.)

  1. What specific actions of the claimant led to the discharge?
  2. When and where did the claimant engage in the conduct which resulted in his or her discharge?
  3. If the claimant was employed in an outside sales activity (or similar employment away from the employer’s premises), were his or her acts of alleged misconduct engaged in during normal working hours?
  4. Who observed or reported the claimant’s actions?
  5. Was it possible for the people who observed the claimant’s actions to connect him or her with the employer?
  6. Were the claimant’s actions publicized by newspapers, radio, or TV?
  7. What was the claimant’s position with the employer?
  8. Did the claimant use information obtained from work to commit the act for which he or she was discharged?
  9. How would the employer’s interests be harmed by the claimant’s actions?
  10. What reasons does the employer give to support the contention that their interests are harmed?

B. Off-the-Job Traffic Violations

  1. Did the claimant drive at work?
  2. Could the claimant still drive at work, even though his or her license was suspended?
  3. If the claimant could still drive at work, why did the employer terminate the claimant? Was it because he or she was excluded from the employer’s motor vehicle liability insurance policy?
  4. Was there an alternative to discharging the claimant?

C. Preemployment Activities

  1. For what activity was the claimant discharged?
  2. Did it happen prior to the claimant’s working for the discharging employer?
  3. Was there an alternative to discharging the claimant? If not, it raises an issue of constructive voluntary leaving.
  4. Did the claimant falsify the work application? If yes, follow the fact finding guides for falsification of work application provided in Dishonesty, MC 140.

D. Wasting Production Time

  1. When and why did the garnishment occur that resulted in the claimant’s discharge?
  2. Had the claimant had a previous garnishment with the same employer? If yes, did the garnishments result from the same judgment or debt?
  3. What was the employer’s rule regarding garnishment of wages? If the employer did not have such a rule, why not?
  4. Had the claimant been warned or reprimanded about his or her prior garnishments?
  5. Did the claimant know that there would be another garnishment? If not, why not?
  6. What is the claimant’s explanation for not paying the debt?
    1. If the claimant pleads financial inability, what arrangements had the claimant made with the creditors for reduced payments?
    2. Were there circumstances beyond the claimant’s control which made the claimant unable to meet his or her obligations?
  7. With each of the prior garnishments, did the claimant obtain release of wages by paying the amounts due?
  8. Did the claimant incur a frivolous new debt even though he or she had several garnishments, and had been warned that another garnishment would result in discharge?