12 DEPARTMENT OF LABOR
172 MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 18: DISCHARGE
1. Burden of proof.
A discharge is a termination of the employer-employee relationship which is initiated by
the employer and which entitles a claimant to unemployment benefits unless he or she is
discharged for misconduct under subsection 2 of section 1193 of the Employment
Security Law. The burden of proof is on the employer to prove that the employee's
conduct meets the statutory definition of misconduct.
When an employer provides substantial evidence that a claimant whom it discharged has
engaged in criminal conduct in connection with the employment, evidence of conviction
shall not be required in order to sustain a finding that the claimant has engaged in
STATUTORY AUTHORITY: 26 M.R.S.A., Sec. 1082
October 2, 1989
September 6, 1993
June 20, 2000 - converted to MS Word