Ariz. Admin. Code § R6-3-5145 - Attitude toward Employer (misconduct 45)

A. General (Misconduct 45.05)

1. In order for an act by a worker to be considered misconduct, it must be established that the results of the act had, or could have had, an adverse affect on the employer's interests.

2. When a rule or standard of conduct normally applied in all employment relationships is violated, misconduct can be presumed but not established in every case. This would include matters involving prompt and regular attendance, dishonesty, violation of law, etc.

3. To establish misconduct the act must have adversely affected the employer in his capacity as an employer and not as a private individual. Thus, if the worker is discharged because of an off-duty incident involving the employer and the interest of the employer adversely affected is not related to his position as an employer the claimant is discharged for reasons other than misconduct.

4. In order for misconduct to be established the employer need not have actually suffered damage as a result of the worker's act, the potentiality for damage must also be considered. In many cases it may be established that his interests could have been adversely affected by the commission or omission of the act.

5. In cases where a disregard of an implied obligation results in dismissal the adjudicator should consider any warnings the worker may have received for the same or similar violations since they draw the worker's attention to that which is expected.

B. Agitation or criticism (Misconduct 45.1)

1. When a worker expresses dissatisfaction with his employer or stirs up resentment against his employer, the conditions under which the action occurs and the worker's reason for taking such action will determine whether misconduct connected with the work is established.

2. Individual or group expressions of dissatisfaction with wages or other working conditions, or attempts to organize other workers to express such dissatisfaction, are not misconduct when made in a manner that does not jeopardize the employer's business. Generally, when such actions are taken outside working hours and remain within the boundaries of reasonableness, misconduct will not be found.

3. When a worker creates or expresses dissatisfaction, discontent, or resentment toward his employer for purposes other than to remedy problems, or improve working conditions, there is a strong indication of misconduct.

4. Misconduct may be found in the actions of a worker whose unreasonable agitation or criticism stemmed from an intent to resolve grievances or to improve work conditions when such actions result in insubordination, material neglect of duties, etc.

C. Competing with employer or aiding competitor (Misconduct 45.15)

1. A worker who is discharged for engaging in a business, whether or not it is his own, that is in competition with the employer is discharged for disqualifying reasons. Even though he may be performing the work on his own time, if it is work which could have been performed by the employer, his actions are a disregard of the employer's interests.

2. Misconduct may be indicated when an employee recommends a competitor of his employer to a customer who desires a service or product the employer can furnish.

3. If an employer has an established rule which prohibits salesmen from carrying a competing line of merchandise, violation of such rule constitutes misconduct.

D. Damage to equipment or materials (Misconduct 45.25)

1. If a worker causes damage to, or creates a situation of potential damages to an employer's property, equipment or materials through indifference or carelessness, misconduct may be established.

2. While minor instances of carelessness or negligence may not amount to indifference, repetition, especially after warning(s) establishes a disregard of the employer's interest and constitutes misconduct connected with the work. For a further discussion of negligence and accidents see R6-3-51300 and R6-3-51310.

E. Disloyalty (Misconduct 45.3)

F. Disloyalty to employer (Misconduct 45.31)

1. Disloyalty is misconduct when manifested by acts or omissions by a worker which establish a breach or the obligations owed his employer.

2. Conspiring with fellow employees or others to cause damage or loss or ignoring a duty to act to prohibit loss or dam age to the employer is disloyalty and is disqualifying.

3. Knowingly, speaking or demonstrating against the employer's product(s) or operation in a manner which could adversely affect the confidence of customers or damage the reputation of the employer constitutes a disregard of the employer's interest.

G. Security clearance (Misconduct 45.32). A worker discharged because he cannot be cleared by the employer for access to classified security information which is required for the job is deemed to have been discharged for misconduct connected with the work if he knew or could reasonably be expected to know that clearance would be required and intentionally gave false or misleading information, or knowingly failed to disclose information that might affect his security clearance.

H. Indifference (Misconduct 45.35)

1. Normally a worker's lack of interest in the plans, purpose, or goals of his employer is not misconduct if the worker performs his own duties in a generally satisfactory manner.

2. A worker who is discharged because he is not interested in or is considered not suited for promotion is not discharged for misconduct.

3. Isolated acts of inefficiency, inability, errors in judgment or discretion, as well as single acts of ordinary negligence, do not establish indifference to a degree that warrants a finding of misconduct. Only when such indifference amounts to a serious neglect of the duties and responsibilities assigned to the worker would misconduct be indicated. In determining when neglect shows a degree of indifference warranting disqualification, the nature of the neglect, the number of instances of neglect, the worker's understanding of his duties as pointed out through expressed rules, warnings, etc., must be considered. See R6-3-51310.

I. Injury to employer through relations with patron (Misconduct 45.4)

1. It is of unusual importance to employers, who rely on public acceptance of their products or service, to have their employees serve the public in such a manner that the customer is pleased.

2. It should be remembered, however, that in constantly dealing with the public, some friction will occur. Although an employer may well adopt the attitude that in such frictional situations the customer is always right, this is not necessarily so. Thus, an employee discharged because of some disagreement with a customer, is generally not to be disqualified unless he has allowed himself to act out of all proportion to the cause of the dispute.

Notes

Ariz. Admin. Code § R6-3-5145

Former Rule number Misconduct 45. - 45.4. Former Rule repealed, new Section R6-3-5145 adopted effective January 24, 1977 (Supp. 77-1).