Magazine article HRMagazine

Oklahoma Redefines Employee Misconduct

Magazine article HRMagazine

Oklahoma Redefines Employee Misconduct

Article excerpt

Oklahoma employers that challenge an employee's unemployment insurance claim after discharge for misconduct may take advantage of a new and broad legal definition of misconduct added to the state's Employment Security Act.

In addition, employers now have clarification of the burden of proof for showing good cause for a discharge for misconduct and for when the discharge involved a positive drug or alcohol test or a refusal to undergo such testing.

Misconduct

Under the new definition, misconduct includes but is not limited to:

* Unexplained absenteeism or tardiness.

* Willful or wanton indifference to or neglect of the employee's required duties.

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

* The mismanagement of a position of employment by action or inaction.

* Actions or omissions that place in jeopardy the health, life or property of the employee or others.

* Dishonesty.

* Wrongdoing.

* Violation of a law.

* Violation of a policy or rule adopted to ensure orderly work or the safety of the employee or others. …

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