Division III: Ordinary Negligence Not Grounds for Denial of Unemployment Benefits
Michaelson was a driver for FSA. Like most driving companies, they had a policy that three chargeable (fault of the driver) accidents were a basis for discharge. Michaelson had three such incidents and was let go. The three incidents occurred over the course of a one year period. However, nothing stood out about the accidents that made the negligence particularly egregious, and they most certainly did not appear to be intentional.
The employer had challenged the payment of unemployment, which does not have to be paid if the driver engaged in "[c]arelessness or negligence of such degree or recurrence to show an intentional or substantial disregard of the employer's interest." Here, there was only ordinary negligence, and the employer must pay unemployment.