Disqualification for Nebraska Unemployment Benefits - Misconduct

In Nebraska an employee is generally eligible for unemployment benefits if the employee is fired but not for misconduct.  Nebraska statutes provide at Neb. Rev. Stat. 48-628(2) that the employee is ineligible for benefits for the week in which he or she has been discharged for misconduct connected with his or her work, if so found by the commissioner, and for the following fourteen weeks.

The definition of misconduct is based on what the commissioner finds gross, flagrant, and willful, or was unlawful.  The unemployment benefit hearing is like a mini-trial and an attorney can help to do the examination of any witnesses and the opening and closing statement.

The term "misconduct" as used in Neb. Rev. Stat. 48-628(b) has generally been defined to include behavior which evidences 

(1) wanton and willful disregard of the employer's interests; 

(2) deliberate violation of rules; 

(3) disregard of standards of behavior which the employer can rightfully expect from the employee; or 

(4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employees duties and obligations. Tuma v. Omaha Public Power District, 226 Neb. 19, 409 N.W.2d 306 (1979). See also: McCorison v. City of Lincoln, 215 Neb. 479, 339 N.W.2d 294 (1983), Stuart v. Omaha Packers, 213 Neb. 838, 331 NW 2d 544 (1983), Smith v. Sorenson, 222 Neb. 599, 386 N.W.2d 5 (1986), NEBCO Inc. v. Murphy, 280 Neb. 145, 784 N.W.2d 447 (2010), Meyers v. Nebraska State Penitentiary, 280 Neb. 958, 791 N.W.2d 607 (2010).