Good point. My company generally finds "misconduct" reasons to let someone go, like long lunch breaks, being late, computer use like logging into personal accounts etc. They are very lenient about a lot of stuff in practice, but the official policies are much stricter. They basically have enough policies that they can get almost anyone for violations. It's all about having many rules and unequal enforcemnt - it's much like the regular legal system that way.
You can still fight misconduct claims to UI by asserting problems with the work environment. Specific advice would vary by state. There is no reason an employee shouldn’t try.
If how the company acts in practice is different from their written rules, then anyone fired can sue the company for wrongful dismissal. Check with a lawyer.
