Ariz. Admin. Code § R6-3-51140 - Misappropriation of Funds or Property; Falsification of Employment Records
A. To determine
whether a claimant's misappropriation of company funds or property is
misconduct that will disqualify the claimant from receipt of unemployment
benefits, the Department shall consider the employer's practices regarding the
handling of funds and whether the claimant knew that the claimant was
misappropriating funds.
2
1. A claimant who is discharged for knowingly
misappropriating company funds is discharged for misconduct connected with
employment. Misappropriation includes misusing credit cards, checks, or other
financial instruments owned or controlled by the employer.
3
2. A
claimant who is discharged for retaining funds to which the claimant honestly
believes the claimant is entitled, and makes adjustment or restitution upon
notification, is discharged for reasons other than misconduct relating to such
funds.
3
4. A claimant who is discharged for retaining company
property to which the claimant honesty believes the claimant is entitled, and
makes adjustment or restitution upon notification, is discharged for reasons
other than misconduct relating to such company property .
3. A claimant who is
discharged for knowingly misappropriating company property, or conversion of
the employer's property or theft is discharged for misconduct connected with
employment.
B. A claimant who is discharged for
falsification of an employment application or for falsification of a written
document related to the claimant's obtaining or retaining employment or for
falsification of work or time records is discharged for misconduct related to
employment when the available evidence establishes that the falsification was
or is:
1. Material to the claimant's ability
to obtain, retain, or perform the job; and
2. Of such a nature as to adversely affect a
material or substantial interest of the employer.
Notes
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