If you have applied for unemployment benefits in Nebraska, and your boss or former employer has claimed that you were fired for misconduct, you need to know who has to prove that misconduct.
In cases where an employer has claimed that the employee is ineligible for Nebraska Unemployment Benefits due to misconduct, the burden of proof is on the employer.
The employer must prove that an employee was discharged for acts or omissions that1) damaged the employer’s interest in relation to the employment;
2) the employee knew or reasonably should have known were contrary to the
employer’s interests; and
3) were willful or within the employee’s control. Maximum benefit ts payable may also
be reduced when a disqualification is assessed.
You can find precedents from the Nebraska Department of Labor that concern the definition of misconduct on their website here.
If you have been denied Nebraska unemployment benefits on because your boss or former employer has claimed that you did something wrong, or engaged misconduct, you should consider hiring a Nebraska attorney to help you plead your case for unemployment benefits. The appeal hearing is much like a trial and you have the right to subpoena witnesses and evidence.
If you need an unemployment benefits attorney consider hiring Madathil Law Office. If you live in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, or Cass Counties and you need an employment law attorney, consider contacting Angela Y. Madathil and the Madathil Law Firm. The firm serves clients in all of these areas.
Contact us at angela@madathil-law.com or by telephone at 402.577.0686. For more information feel free to look at our website www.madathil-law.com.
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