If you are discharged from a job for willful misconduct, then most likely you will be denied uc benefits. You will have an opportunity to give an account of what happened. Usually the final incident is what the state examiner will look at. The employer will be asked the same set of questions you are asked. A review of the questionnaires will be done. If needed, rebuttal calls will be made to either one, or both of you to iron out any differences. When a claimant is discharged, the employer bears the burden of proof. If the examiner finds the employer had good cause to discharge the claimant, the the burden shifts to the claimant to give good cause for their actions. Prior warnings for the same infraction do not bode well for the claimant. But, there may be times where the claimant did have good cause for what was done. So, the answer to your question is yes, sometimes claimants are ruled eligible for a discharge, sometimes they are ruled ineligible. Each is decided on a case by case basis. And remember if you are ruled eligible and the employer files an appeal, the ruling may be overturned by a referee. In this case, you will have a non-fault overpayment set up and you must repay the benefits you received.
