Employee vs. Employer
When an employee files an unemployment claim, the first question that must be resolved by the state is which party (employee or employer) initiated the separation.
- If the employee initiated the separation by quitting their employment, the burden of proof is on the employee to establish that they quit with good cause and they have pursued all available alternatives to quitting.
- If the employer has initiated the separation by discharging the employee, the burden of proof falls on the employer to prove misconduct under the employment law.
- It is important that documentation proves misconduct under Goodwill Industries Standard of Conduct and company policies.