Presented below is a hypothetical fact pattern based on a compilation of questions related to discipline and termination issues received by Associated Industries’ In-house Counsel. The information below is not a substitution for competent legal advice, nor does it create an attorney-client relationship between Associated Industries’ In-house Counsel and any readers or recipients of this information.  Additionally, this material reflects the current state of the law at the time of development.  Where specific legal issues arise, recipients or readers should seek private legal counsel.

THE DILEMMA

Jane operates a successful chain of drive-through coffee stands. Lately, she’s run into some issues with three of her baristas working at different locations.

Sarah has worked for Jane for about one year. She is not the most up-beat employee, and has a reputation of being rude to customers when the stand gets busy during morning rush hour, making errors in placing orders and making drinks, and generally not getting along well with other staff. Although Jane’s employee handbook doesn’t address these issues, it seems to Jane that accuracy, courtesy and respect for customers and other employees are simply matters of common sense. After repeated warnings about her performance without any measurable improvement, Jane terminates Sarah’s employment.

John has been another problem barista. Although he is popular with the customers and other staff and makes the best latte in town, John is consistently late to work, leaving the coffee stand short-handed during the busiest hours of the day. Jane has reviewed the employee policy regarding attendance with John on several occasions, but can’t tolerate his tardiness any longer. Although she is not happy about doing so, she terminates John’s employment.

Finding herself short two employees, Jane has just discovered that Craig, the manager of her third coffee stand, has been stealing paper cups, lids, straws, and other supplies over a three month period and falsifying his inventory reports to cover up his theft. Jane suspects he is planning to launch a competing coffee stand using her supplies, although she has no proof of this. She terminates Craig immediately upon discovery of his scam.

Each of these former employees has now applied for unemployment benefits with the Washington Employment Security Department. The department is considering each application, and Jane has received a request from the department asking her to provide information regarding the circumstances of each termination.

Will any or all of these employees be disqualified from receiving benefits?

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