Ariz. Admin. Code § R6-3-5185 - Connected with Work (misconduct 85)

A. A disqualification for misconduct is assessed only when a claimant's discharge is determined to be in "connection with the work." Any action by a worker in the course of his duties, or committed on the employer's premises during working hours is connected with the work.

B. Generally, what a worker does when he is off work is of no concern to the employer and the employer has no basis for holding him accountable for his off-duty conduct. However, when a worker's off-duty conduct bears such a relationship to his job as to render him unsuitable to continue in his job because of the adverse affect it would have on the employer's operation, such off-duty action would be connected with the work.

C. If an employee's duties and responsibilities are such that his actions while off-duty may adversely affect the reputation, public trust, or confidence on which his employer's business is dependent his off-duty misconduct may be connected with the work.

D. Adjudicators should refer to the following sections of the Policy rules for guidance on specific off-duty conduct issues:

Absence due to incarceration R6-3-5115(E)

Intoxicants and use of intoxicants R6-3-51270

Garnishment R6-3-51485(B)

Violation of law R6-3-51490

Notes

Ariz. Admin. Code § R6-3-5185

Former Rule number Misconduct 85. Former Rule repealed, new Section R6-3-5185 adopted effective January 24, 1977 (Supp. 77-1). Amended subsection (D) effective July 9, 1980 (Supp. 80-4).