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Generally, no. An employee has a duty to support and serve the employer's interests. Insubordination can bedefined several ways: *A single or continuing refusal to obey a direct that is given by someone with proper authority. *An act that exceeds the authority granted by the employer, unless it is necessary to prevent substansial loss to the employer and the employee cannot contact the employer and the act is a good faith error in judgment. *Statements or remarks that can damage an employer's interests. *Profane, vulgar, offensive language that is directed at the supervisor or employer. Most states will view insubordination as a disqualifying event with respect to collecting unemployment. They would, however, interview the employer to find the facts of the dismissal and the employee would have the opportuity to appeal the case at a hearing. If the employer has kept proper records and the offense was well documented, it's not often that the employee will prevail.

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16y ago
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13y ago

Technincally no, but your employer has to be able to prove the misconduct in order to stop you from collecting. Upon applying for unemployment, you will likely be interviewed over the phone by the EDD because of the "misconduct". The interview is administered by an administrative law judge who will decide based on your side of the story if you deserve the opportunity to collect UI benefits.

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9y ago

In Arkansas, benefits can only be paid to you if you meet all state legal requirements, and you are not under a disqualification. The most common circumstances that can lead to a disqualification are:

  • Quitting your job without good cause in connection with the work.
  • Being fired or discharged for misconduct.
  • Refusing to apply for or accept suitable work, or refusing recall after being laid off.

The circumstances of your separation from your last permanent job will be investigated by an DWS claims adjudicator. Both you and your employer will be asked to provide a statement regarding the facts. A Notice of Agency Determination will be issued advising you and your employer of the decision. If you are disqualified, the agency determination will explain the penalty imposed. Each section of law, such as quit or discharge, has its own penalty period.

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13y ago

For most states, Wisconsin included, when one is fired "with cause" they will not be able to collect unemployment. The reasoning behind not allowing one to collect unemployment in "with cause" circumstances is that the employee was in control of the activities that led to their dismissal.

Normally, unemployment is provided for individuals fired for reasons that did not have to do with specific behavior including (but not limited to): mass layoffs (e.g., closing a plant) and reorganizations (e.g., the job went away as a result of changes to the organization).

Insubordination is a pretty typical "with cause" reason for someone to be fired and there are few circumstances where the individual will be able to qualify for unemployment.

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13y ago

Yes, you can be fired for insubordination.

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13y ago

Maybe. It will depend on why you were dismissed.

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11y ago

If you are fired, yes.

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Q: Can you collect unemployment benefits if you were dismissed for insubordination?
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