§ 40-2-406. Discharge for misconduct.

DISCHARGE FOR MISCONDUCT.  A.  An individual shall be disqualified for benefits if he or she has been discharged for misconduct connected with his or her last work.  If discharged for misconduct, the employer shall have the burden to prove that the employee engaged in misconduct as defined by this section.  Such burden of proof is satisfied by the employer, or its designated representative, providing a signed affidavit, or presenting such other evidence which properly demonstrates the misconduct which resulted in the discharge.  Once this burden is met, the burden then shifts to the discharged employee to prove that the facts are inaccurate or that the facts as stated do not constitute misconduct as defined by this section.  Disqualification under this section shall continue for the full period of unemployment next ensuing after he or she has been discharged for misconduct connected with his or her work and until such individual has become reemployed and has earned wages equal to or in excess of ten (10) times the weekly benefit amount.

B.  "Misconduct" shall include, but not be limited to, the following:

1.  Unexplained absenteeism or tardiness;

2.  Willful or wanton indifference to or neglect of the duties required;

3.  Willful or wanton breach of any duty required by the employer;

4.  The mismanagement of a position of employment by action or inaction;

5.  Actions or omissions that place in jeopardy the health, life, or property of self or others;

6.  Dishonesty;

7.  Wrongdoing;

8.  Violation of a law; or

9.  A violation of a policy or rule adopted to ensure orderly work or the safety of self or others.

Added by Laws 1980, c. 323, § 2-406, eff. July 1, 1980.  Amended by Laws 2013, c. 148, § 2, eff. Nov. 1, 2013.