Under South Carolina Code Section 41-35-120(2), a discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification of unemployment insurance benefits. "Substandard performance due to inefficiency, inability or incapacity" describes a claimant's failure to perform to the satisfaction of the employer where such failure was beyond the claimant's control, had no harmful intent or was a good faith error in judgment or discretion.

HISTORY: Added by State Register Volume 38, Issue No. 2, eff February 28, 2014.