Iowa Admin. Code r. 871-24.32 - Discharge for misconduct
(1)
Definition.
a. For the
purposes of this rule, "misconduct" is defined as a deliberate act or omission
by an employee that constitutes a material breach of the duties and obligations
arising out of the employee's contract of employment. Misconduct is limited to
conduct evincing such willful or wanton disregard of an employer's interest as
is found in deliberate violation or disregard of standards of behavior which
the employer has the right to expect of employees, or in carelessness or
negligence of such degree of recurrence as to manifest equal culpability,
wrongful intent or evil design, or to show an intentional and substantial
disregard of the employer's interests or of the employee's duties and
obligations to the employer. Misconduct by an individual includes but is not
limited to all of the following:
(1) Willful
and deliberate falsification of the individual's employment
application.
(2) Knowing violation
of a reasonable and uniformly enforced rule of an employer.
(3) Intentional damage of an employer's
property.
(4) Consumption of
alcohol, illegal or nonprescribed prescription drugs, or an impairing substance
in a manner not directed by the manufacturer, or a combination of such
substances, on the employer's premises in violation of the employer's
employment policies.
(5) Reporting
to work under the influence of alcohol, illegal or nonprescribed prescription
drugs, or an impairing substance in an off-label manner, or a combination of
such substances, on the employer's premises in violation of the employer's
employment policies, unless the individual is compelled to work by the employer
outside of scheduled or on-call working hours.
(6) Conduct that substantially and
unjustifiably endangers the personal safety of coworkers or the general
public.
(7) Incarceration for an
act for which one could reasonably expect to be incarcerated that results in
missing work.
(8) Incarceration as
a result of a misdemeanor or felony conviction by a court of competent
jurisdiction.
(9) Excessive
unexcused tardiness or absenteeism.
(10) Falsification of any work-related
report, task, or job that could expose the employer or coworkers to legal
liability or sanction for violation of health or safety laws.
(11) Failure to maintain any license,
registration, or certification that is reasonably required by the employer or
by law, or that is a functional requirement to perform the individual's regular
job duties, unless the failure is not within the control of the
individual.
(12) Conduct that is
libelous or slanderous toward an employer or an employee of the employer if
such conduct is not protected under state or federal law.
(13) Theft of an employer's or coworker's
funds or property.
(14) Intentional
misrepresentation of time worked or work carried out that results in the
individual receiving unearned wages or unearned benefits.
b. Any individual who has been discharged or
suspended for misconduct connected with work is disqualified for benefits until
the individual has worked in (except in back pay awards) and been paid wages
for insured work equal to ten times the individual's weekly benefit amount,
provided the individual is otherwise eligible.
(2) Reserved.
(3)
Gross misconduct.
a. For the purposes of these rules, gross
misconduct shall be defined as misconduct involving an indictable offense in
connection with the claimant's employment, provided that such claimant is duly
convicted thereof, has signed a statement admitting that such claimant has
committed such act, or has admitted to the department that claimant has
committed such act.
b. An
indictable offense means a common law or statutory offense presented on
indictment or on county attorney's information, and includes all felonies and
all indictable misdemeanors punishable by a fine of more than $500 or by
imprisonment in the county jail for more than 30 days.
c. If gross misconduct is established, the
department shall cancel the individual's wage credits earned, prior to the date
of discharge, from all employers regardless of when the act occurred during the
benefit year.
(4)
Report required. The claimant's statement and employer's
statement must give detailed facts as to the specific reason for the claimant's
discharge. Allegations of misconduct or dishonesty without additional evidence
shall not be sufficient to result in disqualification. If the employer is
unwilling to furnish available evidence to corroborate the allegation,
misconduct cannot be established. In cases where a suspension or disciplinary
layoff exists, the claimant is considered as discharged, and the issue of
misconduct shall be resolved.
(5)
Trial period. A dismissal, because of being physically unable
to do the work, being not capable of doing the work assigned, not meeting the
employer's standards, or having been hired on a trial period of employment and
not being able to do the work shall not be issues of misconduct.
(6)
False work application.
When a willfully and deliberately false statement is made on an Application for
Work form, and this willful and deliberate falsification does or could result
in endangering the health, safety or morals of the applicant or others, or
result in exposing the employer to legal liabilities or penalties, or result in
placing the employer in jeopardy, such falsification shall be an act of
misconduct in connection with the employer.
(7)
Excessive unexcused
absenteeism. Excessive unexcused absenteeism is an intentional
disregard of the duty owed by the claimant to the employer and shall be
considered misconduct except for illness or other reasonable grounds for which
the employee was absent and that were properly reported to the
employer.
(8)
Past acts of
misconduct. While past acts and warnings can be used to determine the
magnitude of a current act of misconduct, a discharge for misconduct cannot be
based on such past act or acts. The termination of employment must be based on
a current act.
(9)
Suspension or disciplinary layoff. Whenever a claim is filed
and the reason for the claimant's unemployment is the result of a disciplinary
layoff or suspension imposed by the employer, the claimant is considered as
discharged, and the issue of misconduct must be resolved. Alleged misconduct or
dishonesty without corroboration is not sufficient to result in
disqualification.
This rule is intended to implement Iowa Code section 96.5 and Supreme Court of Iowa decision,Sheryl A. Cosper vs. Iowa Department of Job Service and Blue Cross of Iowa.
Notes
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