Fla. Admin. Code Ann. R. 73B-11.020 - Determinations Regarding Discharge for Misconduct

When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:

(1) Extreme misconduct will warrant 27 to 52 weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work.

(2) Serious misconduct will warrant 13 to 26 weeks of disqualification. Serious misconduct consists of the following:

(a) Misdemeanor violations of the law, such as assault or disorderly conduct, that occur in connection with work;

(b) Reporting to work under the improper influence of alcohol or drugs, or improper use of alcohol or drugs at work;

(c) Willful, intentional or repeated carelessness or negligence in the performance of work which results in damage to equipment or material or jeopardizes the safety of others; or

(d) Dishonest acts, such as lying, falsification of attendance records and misrepresentation of prior employment history.

(3) General misconduct in connection with work will warrant 1 to 12 weeks of disqualification. General misconduct consists of all other misconduct, as that term is defined in section 443.036(29), F.S., that is not addressed in subsections (1) and (2) of this rule. Examples of general misconduct are:

(a) Conflicts on the job for which the claimant is partially or totally responsible and which affect job performance of the claimant or other employees;

(b) Chronic or unauthorized absenteeism or tardiness over which the claimant has control;

(c) Conducting unauthorized personal activities during working hours;

(d) Refusing to carry out or violating reasonable, lawful instructions; or

(e) Violating reasonable and lawful company rules, after warning.

Notes

Fla. Admin. Code Ann. R. 73B-11.020

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036(29), 443.101(1)(b), (9) FS.

New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Formerly 60BB-3.020.

New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Formerly 60BB-3.020.