A worker in Nebraska can be penalized on their unemployment benefits for two reasons:
- they quit their job without good cause, or
- they committed misconduct in connection with their employment.
Why it is better to be fired than to quit
If you are fired, your employer must be able to prove that you committed misconduct in connection with your employment. In layman’s terms, they have to show that you made a decision or decisions to intentionally disregard reasonable standards related to your job. However, my experience is that if you appeal an adjudicator’s initial decision, many employers don’t understand they have the burden to prove that it is more likely than not that you did something wrong. Also, oftentimes managers and HR professionals do not understand the nuts and bolts of how to prove their case.
But, if you quit, then you have to prove that you quit for good cause. Nebraska law defines good cause.
This puts the burden on you to prove the case. This means that not only do you have to Continue reading