It all depends on how the law and rule is interpreted and applied.
For example, take that “deliberate violation or disregard of the reasonable standards of behavior which the employer expects," from the Florida law. See the “reasonable standards” statement in there? Say you were discharged because your boss didn’t like red-colored clothing, and you wore a red tie to work. You’re in an “at-will” state, so they can legally do that. But is your employer’s requirement that you’re never to wear red because they hate the color a “reasonable standard”? No. Would you be denied unemployment benefits if you were discharged for that reason? Probably not. Granted, that’s a silly example, but you see what I mean.
In my state, and, I’m assuming, in most other states as well, the employer doesn’t “get to make the state punish another private individual” by denying their unemployment benefits. (How could they? They don’t know UI law and rule, etc.) The employment adjudicator makes the decision to allow or deny, based on information provided by both the employer and the former employee, after applying state statutes and administrative rules.
In fact, there are so-called “burden of proof” states, where the burden is on the employer to prove that the claimant’s behavior was misconduct in a discharge case. If they don’t respond by the due date when information is requested, or provide incomplete information, then that burden hasn’t been met, and the claimant isn’t denied benefits. (My state is not a “burden of proof” state. Here, claimants can “self-disqualify” by telling us what they did.)
So no, it doesn’t always go in favor of the employer, much to the annoyance of many employers (who are the ones who fund unemployment insurance), who often call and complain about decisions we’ve made.
(Folks, if you’re applying for UI, and you’ve been discharged, or voluntarily quit, or are on a leave of absence…call the adjudicator back in a timely manner when they call you. Cooperate. Make sure you get your side of the story heard.)
