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Employment Development Department
Employment Development Department

Misconduct MC 45 - Fact Finding Guide

Attitude Toward Employer

A. Aiding Competitor

  1. Did the claimant work concurrently with the employer's competitor, without the knowledge and approval of the employer?
  2. Did the claimant give the competitor confidential business information, lists of customers, trade secrets etc.?
  3. Did the claimant send customers to the competitor?
  4. If the claimant was a salesperson:
    1. Was the claimant selling goods which were in direct competition with the employer's product?
    2. Did the employer know of and approve the claimant's representing products of a competitor?
    3. What was the original agreement of hire? Did that agreement allow the claimant to represent another company?

B. Competing with Employer

  1. Was the claimant merely discussing going into business on his or her own?
  2. Was the claimant preparing to enter such a business? If so,
    1. Did the claimant's activity cause dissatisfaction among fellow workers?
    2. Did the claimant devote time to the preparation when he should be working or the employer?
    3. Did the claimant use the employer's equipment, without the employer's knowledge and approval, in the preparation?
  3. Was the claimant actually engaged in conducting his/her own business while working for the employer? If so,
    1. Did the claimant devote time to own business when he/she should be working for the employer?
    2. Did the claimant use the employer's equipment, without the employer's knowledge and approval, in conducting own business?
    3. Did the business of the claimant provide services or products which were identical or similar to those offered by the employer? Did they fill the same customer need or desire?
    4. Did the claimant, in his/her own business, serve any of the same customers ever served or solicited by the employer? How did the claimant happen to solicit the business of these customers? Was his knowledge of them gained through his work for the employer?
    5. Did the claimant solicit co-workers to quit and come to work for him or her?
    6. When did the employer learn of the claimant's business activities that the employer found objectionable? Was the claimant discharged immediately? If not, why not?

C. Disparaging Remarks

  1. Specifically what did the claimant say that the employer construed as disparaging remarks?
  2. When did this occur? Accept approximate dates if the employer does not have records of such incidents.
  3. To whom were the claimant's remarks directed? Fellow workers? Customers or potential customers?
  4. What explanation does the claimant give for his/her remarks?
  5. What effect, if any, did the claimant's remarks have on fellow workers, customers, or potential customers? What potential effect would the claimant's remarks have?
  6. Had the claimant ever been warned or reprimanded for similar offenses or other unrelated offenses?

D. Failure to Report Theft or Other Dishonest Acts

  1. What were the acts of dishonesty committed by others did the claimant fail to report? Theft or minor dishonest acts?
  2. Had the claimant been advised to report such dishonest acts?
  3. Was the claimant's position such that it was his or her duty to report any or all acts of dishonesty which he/she might observe?

E. Incitement or Agitation

  1. Specifically what did the claimant say that the employer interpreted as incitement or agitation?
  2. When did this occur? Accept approximate dates if the employer does not have records of such incidents.
  3. What explanation does the claimant give for his/her actions or remarks?
  4. Was the claimant inciting other employees to commit illegal acts, such as sabotaging the employer's property?
  5. Had the claimant ever been warned or reprimanded for similar offenses or other unrelated offenses?

F. Unauthorized Work for Other Employers (Noncompetitor)

  1. Did the claimant perform services for the other employer without the knowledge and approval of the employer?
  2. Did the claimant perform services for the other employer during the hours he or she was supposed to work for the employer?
  3. Did the claimant use the employer's equipment or material to perform services for the other employer?

G. Unjustified or Improperly Channeled Complaint

  1. What did the claimant complain about?
  2. Was the claimant justified in his complaint?
  3. How did the claimant express his complaint or discontent? Did he argue with supervisor or co-workers?
  4. Did the claimant make complaints through proper channels? Immediate supervisor, or grievance committee, or according to collective bargaining agreements?
  5. If complaints not made through proper channels, what reasons does the claimant give for this?
  6. Had the claimant been warned or reprimanded about not expressing complaints through proper channels?