Thursday, July 25, 2013

Maryland Unemployment: Using Best Judgment is Not Misconduct

     I recently helped a client who had been denied unemployment benefits at the telephone interview stage.  Her employer claimed that she had committed a series of errors in handling complicated financial transactions.  The telephone examiner found my client had deliberately disregarded employer rules.

    At an in-person before the Heating Officer, we were able to establish that my client used her best judgment in handling the transactions. The employer was free to second-guess my client's judgment.   But that does not mean she should be disqualified from receiving unemployment benefits.  According to the Hearing Officer, "the claimant made reasonable, good faith efforts to process [the transactions] properly."  Thus, the claimant, my client, is entitled to benefits. 

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