DUA typically asks the following questions to ascertain UI eligibility in discharge cases:

1.  Why was the employee discharged?

2.  Do you have a rule or policy regarding this offense?

IF RULE VIOLATION:

3.  Did the claimant know of the company rule or policy?

4.  How did the claimant know of the company rule?

5.  Was the rule uniformly enforced?  How were incidents like this handled in the past?

6.  Was the rule reasonable?  

7.  Was the application of the rule reasonable?

8.  Was the rule violation a result of the claimant's incompetence?

IF NO RULE VIOLATION:

9.  Was the conduct deliberate?  Was there an intentional act of omission on the part of the claimant?

10.  What was the employer's expectation?

11.  How did the claimant know of the expectation?

12. Was there any extenuating circumstance that was the cause of the behavior?

WARNINGS:

13.  Were any warnings issued?  If so:  When?  How many?  By whom?  What was the content?  Copy of warning given in writing or was warning verbal?

14.  Were actions condoned?

15.  Was the conduct so outrageous that no warnings were necessary?