In Utah, an applicant for unemployment can be denied unemployment compensation if his termination was for "just cause." The elements necessary to satisfy that inquiry include whether the employee had knowledge of a workplace standard, whether he or she had control over, among other things, the alleged behavior supporting the termination, and whether he or she was culpable.
The Utah Court of Appeals in a decision published on January 8, 2009, was asked to decide whether a person can be denied unemployment for being terminated for just cause if he did not have knowledge that the potential discipline could include termination. In the case entitled Montoya v. Department of Workforce Services, the Court answered a clear, "No." The court stated, "[T]his is not the relevant inquiry. [The employee] did not, and does not, dispute that he had knowledge of the safety protocol and that he failed to follow it. These facts satisfy the knowledge element."
The court also said that the culpability standard was met where an employee attempted to conceal his or her actions.Labels: Control, Culpability, Just Cause, Knowledge, Unemployment Compensation, Utah Court of Appeals