Haw. Code R. § 17-659-19 - Determination of misconduct for a dependent adult subject to work requirements

(a) The department may contact the applicant's or recipient's last employer to determine whether the applicant or recipient is unemployed because of misconduct.

(b) Separation from employment due to unsatisfactory performance which is based on medically documented physical or mental illness or mental retardation shall not be considered misconduct.

(c) The following situations shall constitute employee misconduct:

(1) One unexcused absence, unless the presence of the individual is required in a court proceeding and the employer refused to give time off;

(2) Repeated tardiness;

(3) An argument or altercation with a superior or coworker while at the place of employment during work time caused by the applicant or recipient;

(4) Intentional conversion of business or personal property of the employer by the employee;

(5) Intentional disregard of a superior's or employer's reasonable instructions;

(6) Use of intoxicants on the job;

(7) Neglect in the performance of work duties after a prior warning was given the employee by the employer;

(8) Noncompliance with company policy which endangers the health or safety of the other employees, the employer's business, or the employer's customers; and

(9) Intentional violation of the employer's lawful and reasonable rules and orders.

(d) The employment history of dependent adults, as minors, shall be considered.

Notes

Haw. Code R. § 17-659-19

[Eff 3/19/93; am 3/14/94; am 5/31/02; am and comp 3/27/09] (Auth: HRS §§ 346-14, 346-71) (Imp: HRS § 346-71)