20 Miss. Code. R. § 101-300-308.00 - Misconduct Defined

A. For purposes of Mississippi Code Section 71-5-513, misconduct shall be defined as including but not limited to:

1. The failure to obey orders, rules or instructions, or failure to discharge the duties for which an individual was employed;

a. An individual shall be found guilty of employee misconduct for the violation of an employer rule only under the following conditions:

i. the employee knew or should have known of the rule;

ii. the rule was lawful and reasonably related to the job environment and performance; and

iii. the rule is fairly and consistently enforced.

2. A substantial disregard of the employers interests or of the employees duties and obligations to the employer;

3. Conduct which shows intentional disregard or if not intentional disregard, utter indifference of an employers interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of the employee; or

4. Carelessness or negligence of such degree or recurrence as to demonstrate wrongful intent.

However, mere inefficiency, unsatisfactory conduct, failure to perform as the result of inability or incapacity, a good faith error in judgment or discretion, or conduct mandated by a religious belief or the law is not misconduct. Conduct mandated by the law does not include court ordered conduct resulting from claimants illegal activity; this may be considered misconduct

Notes

20 Miss. Code. R. § 101-300-308.00

Miss. Code Ann. §§ 71-5-115 & 71-5-117 (Rev. 2004).