Misconduct Disqualifications from Unemployment Compensation
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<!-- field: HtmlTitle --> Misconduct Disqualifications from Unemployment Compensation
Topic:
BENEFITS (GENERAL); UNEMPLOYMENT COMPENSATION;
Location:
UNEMPLOYMENT COMPENSATION;
Scope:
Court Cases; Other States laws/regulations; Connecticut laws/regulations;

OLR Research Report OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




October 17, 1994 94-R-0894

TO:

FROM: Judith S. Lohman, Principal Analyst

RE: Misconduct Disqualifications from Unemployment Compensation

You asked how other states define “misconduct” for purposes of disqualifying claimants from receiving unemployment compensation and how long claimants fired for misconduct are barred from collecting benefits.

SUMMARY

All states have statutory provisions that disqualify certain claimants who were fired from their jobs from receiving unemployment compensation. Generally, states disqualify any employee fired for misconduct or for cause. The type of conduct encompassed by these terms varies from state to state as does the length and severity of the disqualification.

Many states explicitly define the disqualifying conduct in their statutes. Others depend on administrative and court interpretations. Most states require the conduct to be connected to work and either deliberate or grossly negligent. Being fired for incompetence or minor errors in judgment is usually not enough to prevent a claimant from collecting benefits.

Many states distinguish types of misconduct and impose varying disqualification periods depending on the seriousness of the claimant's conduct. It is impossible definitively to compare Connecticut's misconduct disqualification standards with those of other states because much depends on case interpretations. But, judging by statutory provisions and generally enunciated interpretive guidelines, Connecticut's definition of disqualifying misconduct appears relatively narrow compared to other states. No other state requires by law that, with certain exceptions, disqualifying misconduct

be repeated. And no other state, by law, defines “repeated” as two acts occurring within 12 months of one another. In addition, Connecticut's disqualification period is relatively short for the most serious types of criminal misconduct.

Summaries of the misconduct disqualification provisions of each state's law appear below. These summaries are based on the annotated state unemployment compensation laws and regulations published by Commerce Clearinghouse and on Highlights of State Unemployment Compensation Laws, published by the National Foundation for Unemployment Compensation and Workers' Compensation (January 1994).

DISQUALIFYING CONDUCT

Most states disqualify an employee who is discharged for misconduct from receiving unemployment compensation benefits. Whether a specific action will actually disqualify a claimant for misconduct is usually a matter for interpretation by administrative agencies and courts. But many states, including Connecticut, specify particular types of conduct that are covered by the misconduct disqualification. In general, these statutory definitions are less restrictive than Connecticut's. This is not because Connecticut's statutory definition of “misconduct” is more restrictive than other states' but because to be disqualified in Connecticut, an employee generally has to repeat the misconduct within a 12-month period. The exceptions to the “repeated” requirement are relatively narrow.

Since most states' misconduct provisions are more general than Connecticut's, they provide more scope for administrative and court interpretation. Thus, in practice, the implementation of these disqualifications may be as strict as Connecticut's. It is impossible to make a definitive judgment on this point without an extensive comparison of case decisions.

Like Connecticut, most states require the misconduct to be connected to work. Most states also appear to require the action for which the employee is fired to be either deliberate or grossly negligent. Many states follow a definition of misconduct set out by the Wisconsin Supreme Court in the case of Boynton Cab Co. v. Neubeck (1941):

. . . the term “misconduct”. . . is limited to conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not deemed “misconduct” within the meaning of the statute.

In the state summaries below, this interpretation is referred to as the Wisconsin standard.

DISQUALIFICATION PERIOD

Connecticut has the same disqualification period for all types of misconduct, including felonious conduct. In Connecticut, a claimant fired for misconduct cannot collect benefits until he gets another job and earns at least 10 times his weekly benefit amount. Many other states have different disqualification periods for different degrees of misconduct. They often impose shorter disqualifications than Connecticut for less serious misconduct.

One reason for Connecticut's strict definition of misconduct may be that its disqualification period would be relatively long for such run-of-the mill types of work-related misconduct as being absent without notice, repeatedly late, or rude to a supervisor or customer. On the other hand, many states impose much heavier penalties than Connecticut for so-called “gross misconduct,” a term that usually encompasses criminal or dangerous behavior on the job. Generally, states disqualify claimants fired for misconduct for the entire length of their unemployment and until they get a new job and earn wages equal to some multiple of their weekly unemployment compensation benefit amount. Some states merely defer payment of benefits for some number of weeks. Many states also disqualify employees who are on disciplinary suspension. In cases of gross misconduct or criminal conduct, many states cancel all the employee's credit for wages earned from the injured employer, making it impossible for the employee to ever collect benefits based on that employment. .

STATE-BY-STATE SUMMARIES

Alabama

Disqualifying Conduct Disqualification Period

Misconduct, defined as Until the claimant earns at

(1) a dishonest or criminal least 10 times his weekly

act in connection with benefit rate.

(2) sabotage, (3) an act

endangering the safety of

others, or (4) actual or

threatened misconduct in

connection with work or

after a previous warning.

Alaska

Disqualifying Conduct Disqualification Period

Wilful, work-connected Until the claimant earns

misconduct. eight times his weekly

benefit rate.

Felony or Until the claimant earns 20

theft in connection with times his weekly benefit

work. rate.

Arizona

Disqualifying Conduct Disqualification Period

Wilful or negligent Until the claimant earns six

misconduct connected with times his weekly benefit

work. “Misconduct” is an rate.

employee's act or omission

that (1) is a material or

substantial breach of his

duties or obligations under

his employment or

employment contract or (2)

adversely affects his

employer's material or

substantial interest. The

following specific conduct

is disqualifying:

1. Absences. Being absent

from work without notice or

good cause for failing to

give notice; repeated

absence from work following

warnings for same; failure,

without permission, to

return from authorized

leave, vacation, sick or

other leave; or repeated

failure without good cause

Arizona (Continued)

Disqualifying Conduct

to be on time or in

attendance during the

regular work schedule.

2. Drink or Drugs. Repeated

intoxication, due to

alcohol or illegal drugs,

on the employer's premises

or when reporting for work;

frequent absences caused by

intoxication; sleeping on

the employer's premises

during work hours; or

inefficiency or inability

to perform work because of

intoxication or its

aftereffects.

3. Job Duties. Refusal or

deliberate failure to

perform reasonable duties

assigned by the employer.

4. Insubordination.

Insubordination,

disobedience, repeated and

inappropriate use of

abusive language, repeated

fighting, refusing to

accept an assignment to

work at certain times or to

perform certain duties

without good cause; refusal

to follow proper

instructions; or

intentional and negligent

destruction of the

employer's property.

Arizona (Continued)

Disqulifying Conduct

5. Dishonesty. Dishonesty,

material falsification of

employment applications or

other written documents

relating to employment,

falsification of time or

work records, theft or

conversion of the

employer's property,

or lying

in connection with the job

so as to substantially

injure or jeopardize the

employer's interest.

6. Crimes. Admission or

conviction of a felony or

crime related to the

employer's business or to

the employment that could

have a substantial adverse

effect on the employer's

interest, public relations

or trust, unless the

employer knew of the

admission or conviction

when he hired the employee.

7. Employment Rules.

Violation without good

cause of rules of conduct

safety, or other employment

rules reasonably imposed

and communicated by the

employer or that could be

reasonably implied by the

type of employment.

Arizona (Continued)

Disqualifying Conduct

8. Labor Disputes. Violence

or illegal conduct

committed during a labor

dispute, strike or lockout,

or during picketing near to

or directed at the

employer's property or

operations.

Arkansas

Disqualifying Conduct Disqualification Period

Misconduct connected with Benefits deferred for eight

work. weeks. Suspension for

work-related misconduct -

eight weeks or the duration

of the suspension, whichever

is shorter.

Gross misconduct including Until the employee earns at

(1) dishonesty, (2) least 10 times his weekly

drinking on the job, (3) benefit rate.

reporting for work under

the influence of alcohol or

drugs, or (4) wilful

violation of the rules or

customs of the employer

regarding the safety of

fellow employees or company

property.

In cases of discharge for

absenteeism, the employee's

attendance record for the

12 months before the discharge

and the reasons for the absenteeism

must be considering in deciding whether

the absenteeism constitutes misconduct.

California

Disqualifying Conduct Disqualification Period

Misconduct. Not statutorily Until the claimant earns at

defined but interpreted by least five times his weekly

California courts to mean benefit rate.

(1) a wilful or wanton

disregard of the employer's

interests or (2)

carelessness or negligence

in such a degree as to be

equally culpable.

Colorado

Disqualifying Conduct Disqualification Period

A. Gross misconduct Benefits are deferred for 26

connected with work defined weeks and all wage credits

as conduct showing such attributable to the

willful or wanton disregard employment are cancelled.

of an employer's interests

or negligence or harm to

such a degree or recurrence

as to show guilt or

wrongful intent, or assault

or threatened assault of

supervisors, coworkers, or

others at the work site.

B. The following Benefits are deferred for 10

misconduct: weeks and the injured

employer's account is not

1. Insubordination such as charged for benefits.

deliberate disobedience of

reasonable instructions;

refusal to obtain or renew

necessary licenses;

nonpayment of union dues;

repeated acts of agitation

against the employer's

working conditions, pay,

Colorado (Continued)

Disqualifying Conduct

policies, or procedures

unless it is orderly or

part of a union negotiation

and does not interfere with

work performance.

2. Violation of law or

company rule that results,

or could result in serious

damage to the employer's

property or interest, or

endangers the lives of the

employee or other

employees. Includes

mistreatment of patients in

a hospital or nursing home;

serving liquor to minors;

selling prescription drugs

without a doctor's

prescription; use of

profane or obscene language

after warnings; immoral

conduct affecting job

status; divulging

confidential information

that has damaged or could

damage the employer's

interests; failure to

observe conspicuously

posted safety rules;

deliberate falsification of

expense accounts,

inventories, or other

records or reports; or

removal or attempted

removal of employer

property from employer's

premises without

permission.

Colorado (Continued)

Disqualifying Conduct

3. Off-the-job use of

nonmedically prescribed

intoxicating beverages or

drugs to such a degree as

to interfere with job

performance.

4. Incarceration after

conviction of a crime or

loss of license essential

to job performance through

a violation of law.

5. Theft.

6. Assaulting or

threatening assault so as

to make a reasonably

emotionally stable person

afraid for his physical

safety.

7. Willful neglect of, or

damage to, an employer's

property or interests.

8. Rudeness, insolence, or

offensive behavior not

reasonably countenanced by

a customer, supervisor, or

fellow worker.

9. Careless or shoddy work.

10. Failure to properly

safeguard, maintain or account

for the employer's property when

it is an essential part of the

employee's job to do so.

Colorado (Continued)

Disqualifying Conduct

11. Taking unauthorized

vacations or failing to

return to work as scheduled

after an authorized

vacation or leave.

12. Refusal without good

cause to work a different

shift when no violation of

seniority rights is

involved.

13. Refusal without good

cause to accept a transfer

that does not involve

substantial change in

working conditions or loss

of pay.

14. Other reasons,

including excessive

tardiness or absenteeism,

sleeping or loafing on the

job, or failure to meet

established job performance

or other defined standards

unless the failure is

because of physical or

mental inability.

Connecticut

Disqualifying Conduct Disqualification Period

Felonious conduct, larceny Until the claimant earns at

of property or service valued at least 10 times his weekly

more than $ 25, larceny of any benefit rate.

amount of currency, participation

in an illegal strike, or

Connecticut (Continued)

Disqualifying Conduct

getting fired after being

sent to jail for a term of

at least 30 days, repeated

wilful misconduct, or just

cause.

“Wilful misconduct” is an

intentional violation of a

duty or obligation

reasonably owed to the

employer as a condition of

employment. To be

considered “repeated,”

instances of wilful

misconduct must occur

within the same year. “Just

cause” is a single act of

wilful misconduct committed

in the course of employment

that seriously endangers

the life, safety, or

property of the employer,

fellow employees, or the

public.

Delaware

Disqualifying Conduct Disqualification Period

(1) Just cause in connection Until the claimant has been

with work. There is no employed in each of four

statutory definition but the weeks and earned at least

interpretation given by four times his weekly

courts and administering benefit rate.

agency show that deliberate

conduct is required. (2)

Being sent to prison.

District of Columbia

Disqualifying Conduct Disqualification Period

Misconduct. First eight weeks of

unemployment or until the

claimant has worked in each

of eight weeks and earned at

least eight times his weekly

benefit rate.

Gross misconduct, including Until the claimant has

wilful violation of worked in each of 10 weeks

employer rules, and earned at least 10 times

intoxication, repeated his weekly benefit rate.

disregard of reasonable

orders, sabotage, gross

neglect of duty,

insubordination, or

dishonesty.

Florida

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant has

work. Violation of criminal earned at least 17 times his

law punishable by imprison- weekly benefit rate. The

ment or dishonesty in disqualification may not

connection with work. exceed 52 weeks immediately

following the discharge.

Georgia

Disqualifying Conduct Disqualification Period

Failure to obey orders, Until the claimant earns at

rules, or instructions or least 10 times his weekly

failure to discharge duties benefit amount.

of employment.

Intentional conduct on the Until the claimant earns at

employer's premises that least 12 times his weekly

results in physical assault benefit amount.

on or bodily injury to the

employer, fellow employees,

customers, patients,

bystanders, the eventual

consumer of products; or

theft of property, goods,

or money valued at $ 100 or

less.

Intentional conduct on Until the claimant earns at

employer premises resulting least 16 times his weekly

in property loss or damage benefit rate.

amounting to at least

$ 2,000; theft of property,

goods, or money valued at

over $ 100; sabotage; or

embezzlement.

Hawaii

Disqualifying Conduct Disqualification Period

Misconduct defined as Until the claimant earns at

wilful or wanton disregard least five times his weekly

of the employer's interest. benefit rate. Suspensions

Examples include (1) for misconduct - the week of

unexcused absence or the misconduct and one to

recurring unexcused four weeks immediately

lateness, (2) altercation following depending on the

Hawaii (Continued)

Disqualifying Conduct Disqualification Period

at work, (3) material false seriousness of the

representation to employer, misconduct.

(4) gross neglect of duty,

(5) wilful disobedience or

insubordination, (6)

intentional conversion of

the employer's property, or

(7) wilful and substantial

abuse of the employer's

equipment and property.

Idaho

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

employment. least 16 times his weekly

benefit amount.

Illinois

Disqualifying Conduct Disqualification Period

Misconduct defined as Until the claimant earns at

deliberate and wilful least his weekly benefit

violation of a reasonable amount in each of four

rule or policy of the weeks.

employing unit that governs

the employee's behavior in

performing his work. To be

a disqualification, the

violation must either have

harmed the employing unit

or other employees or have

been repeated in the face

of a warning or other

explicit instructions from

the employing unit.

Illinois (Continued)

Disqualifying Conduct Disqualification Period

Felony or theft in No benefit rights upon

connection with work. admission or conviction.

Indiana

Disqualifying Conduct Disqualification Period

Just cause, including Until the claimant earns at

falsifying the employment least his weekly benefit

application, knowingly amount in each of eight

violating a reasonable and weeks. In addition, maximum

uniformly enforced rule, benefits available to the

unsatisfactory attendance claimant are reduced by 25%.

without good cause, wilful

negligence causing damage

to the employer's property,

refusing to obey

instructions, reporting to

work under the influence of

alcohol or drugs or using

alcohol or drugs on the

employer's premises during

working hours, conduct

endangering the employee or

his coworkers,

incarceration following

conviction for a

misdemeanor or felony, or a

breach of work-connected

duty reasonably owed to the

employer.

Gross misconduct defined as Cancellation of all wage

an admission or conviction credits established before

of a felony or Class A the day of discharge.

misdemeanor connected with

work.

Iowa

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

work. least 10 times his

weekly benefit rate.

Gross misconduct defined as Cancellation of all wage

admission or conviction of credits.

an indictable offense

connected with work.

Kansas

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

work defined as a violation least three times his weekly

of duty or obligation to benefit rate.

employer including

impairment from alcohol or

a nonprescribed controlled

substance while at work or

repeated absence.

Gross misconduct connected Until the claimant earns at

with work. least eight times his weekly

benefit rate.

No disqualification when

the individual was making a

good-faith effort to do the

work but was discharged

because of inefficiency,

inability, incapacity or

lack of training or

experience; isolated

instances of ordinary

negligence or inadvertence;

good-faith errors in

judgment or discretion;

Kansas (Continued)

Disqualifying Conduct

unsatisfactory work or

conduct due to

circumstances beyond the

employee's control; or

refusal to perform work in

excess of the hiring

contract.

Kentucky

Disqualifying Conduct Disqualification Period

Misconduct or dishonesty in Until the claimant earns at

connection with work least 10 times his weekly

including (1) falsification benefit rate.

of employment application,

(2) knowing violation of an

employer's reasonable and

uniformly enforced rule,

(3) unsatisfactory

attendance without good

cause, (4) damaging the

employer's property through

gross negligence, (5)

refusing to obey reasonable

instructions (6) reporting

to work under the influence

of alcohol or drugs or

consuming alcohol or drugs

on the employer's premises

during working hours, (7)

conduct endangering the

employee or coworkers, and

(8) imprisonment following

conviction of a misdemeanor

or felony by a court that

results in missing at least

five days' work.

Louisiana

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

work defined as least 10 times his weekly

mismanagement of an benefit rate. In addition,

employment position by after requalifying, a

action or inaction; neglect claimant's benefits are

that jeopardizes the lives discounted by 50% for the

or property of others; remainder of his benefit

dishonesty, wrongdoing or year. In some instances, the

violation of law; violating worker's base period wage

a policy or rule adopted to credits with the injured

insure orderly work or employer are cancelled.

safety; or use of a

nonprescribed controlled

substance on or off the

job.

Maine

Disqualifying Conduct Disqualification Period

Work-connected misconduct Until the claimant earns at

or suspension for least four times his weekly

work-connected misconduct. benefit rate.

Absence from work for Same as above.

more than two workdays

because of incarceration

for conviction of a

criminal offense.

Conviction of a felony or Until the claimant earns at

misdemeanor in connection least $ 600 or eight times

with work. his weekly benefit rate,

whichever is greater.

Maryland

Disqualifying Conduct Disqualification Period

Misconduct connected with Benefits deferred for five

work or disciplinary to 10 weeks.

suspension.

Gross misconduct defined as Until the claimant earns 20

either deliberate and times his weekly benefit

wilful disregard of rate. Cancellation of all

standards of behavior that wage credits paid by the

an employer has a right to injured base period

expect and showing a gross employer.

indifference to the

employer's interest, or a

series of repeated

violations of employment

rules proving the employee

has regularly and wantonly

disregarded his

obligations.

Massachusetts

Disqualifying Conduct Disqualification Period

Deliberate misconduct in Until the claimant earns at

wilful disregard of the least eight times his weekly

employer's interest, benefit rate. Disciplinary

knowing violation of a suspension- period of

reasonable and uniformly suspension up to a maximum

enforced rule or policy of 10 weeks.

(unless the violation is

the result of the

employee's incompetence),

or conviction of a felony

or misdemeanor.

Michigan

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

work, intoxication while at least seven times his weekly

work (unless later reduced benefit rate or 40 times the

to disciplinary layoff or state minimum hourly wage

suspension), work-connected times seven, whichever is

theft or destruction of less.

property resulting in loss

or work-connected damage of

$ 25 or less.

If the conduct results in a

Misconduct directly or disciplinary suspension or

indirectly connected with layoff - duration of the

work, participating suspension or layoff. If the

in certain wildcat strikes conduct leads to discharge,

or strikes violating a until the claimant, in each

collective bargaining of six weeks, earns wages at

agreement, or absence as a least equal to the minimum

result of a jail sentence, requalification rate

other than a day-parole (currently $ 100. 50). In

sentence or one for a addition, in the case of a

traffic violation that led discharge, there is a

to an absence of less than benefit reduction based on a

10 consecutive days. formula.

Work-connected assault and Until the claimant returns

battery or work-connected to work and earns at least

theft or property damage 13 times the requalification

leading to loss or damage rate. In addition, the

of more than $ 25. claimant may not collect any

benefits based on wages

earned before the discharge

with the injured employer.

Minnesota

Disqualifying Conduct Disqualification Period

Misconduct connected with Until four calendar weeks

work or that interferes elapse since separation and

with and adversely affects the claimant has

work. returned to work and earned

at least eight times his

weekly benefit amount.

Gross misconduct defined as Total disqualification for

assault and battery, the benefit year and

malicious destruction of cancellation of all wage

property, arson, sabotage, credits from injured

embezzlement, or any other employer.

act, including theft, which

constitutes a felony or a

gross misdemeanor. For an

employee of a health care

facility, it includes

patient or resident abuse.

If the claimant is

convicted of a felony or

gross misdemeanor for the

same conduct for which he

was discharged, the

misconduct is conclusively

presumed to be gross

misconduct if it is

connected with his work.

Disciplinary suspension for Duration of suspension.

misconduct for 30 days or Suspensions for more than 30

less. days are treated as

discharges.

Mississippi

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Until claimant returns to

work and earns at least

eight times his weekly

benefit amount.

Missouri

Disqualifying Conduct Disqualification Period

Misconduct connected with Benefits deferred for four

work. to 16 weeks depending on

severity.

Suspension for misconduct. Duration of suspension.

Aggravated misconduct. Cancellation of base period

wage credits.

Montana

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Week of discharge and until

the claimant earns at least

eight times his weekly

benefit rate.

Gross misconduct connected 52 weeks.

with work or committed on

employer's premises. Gross

misconduct is defined as an

admitted or convicted

criminal act other than a

motor vehicle violation, or

conduct demonstrating a

flagrant and wanton disregard for

the rights and interests of the

employer or fellow employees.

Nebraska

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Week of discharge, plus

seven to 10 additional

weeks.

Gross, flagrant, and wilful Cancellation of all wage

misconduct or unlawful credits earned prior to

misconduct. discharge.

When a claimant is

disqualified under these

provisions, his total

benefit amount based on that

employment is reduced by the

disqualification amount

regardless of when he files

for benefits.

Nevada

Disqualifying Conduct Disqualification Period

Misconduct connected with Benefits deferred for two to

work, interpreted to mean a 16 weeks. Total benefits

sustained and repeated reduced by the claimant's

failure to meet reasonable weekly benefit amount times

work standards, especially his disqualification period

when the employee has been up to a maximum of half the

warned. claimant's total benefit

entitlement.

Assault, arson, sabotage, All wage credits with

grand larceny, injured employer cancelled.

embezzlement, or wanton

destruction of property in

connection with work. Act

must be admitted in writing

or under oath or in a

hearing or have resulted in

a court conviction.

Nevada (Continued)

Disqualifying Conduct Disqualification Period

Incarceration in a Week of discharge and until

custodial or penal the employee earns at least

institution. his weekly benefit amount in

each of 10 weeks.

New Hampshire

Disqualifying Conduct Disqualification Period

Misconduct. Until the claimant returns

to work and earns at least

120% of his weekly benefit

amount in each of five

weeks.

Arson, sabotage, felony, or Loss of all wage credits.

dishonesty.

Intoxication or use of Benefits deferred for four

controlled drugs. to 26 weeks.

New Jersey

Disqualifying Conduct Disqualification Period

Misconduct connected with Benefits deferred for six

work. By case law, to be weeks.

considered misconduct an

act must be improper,

connected with work, wilful

and wanton, and in the

individual's control.

Severe negligence can also

be considered misconduct.

Gross misconduct connected Until the claimant has

with work. worked for at least four

weeks and earned at least

six time his benefit rate.

All wage credits earned with

the injured employer are

cancelled.

New Mexico

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Until the claimant earns

five times his weekly

benefit amount.

New York

Disqualifying Conduct Disqualification Period

Work-connected misconduct Until the claimant works for

defined according to the at least three days in five

Wisconsin standard. weeks and earns five times

his weekly benefit amount.

Conduct constituting a 12 months.

felony in connection with

employment.

North Carolina

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant returns

work defined according to to work for at least five

the Wisconsin standard. It weeks and earns 10 times his

specifically includes weekly benefit amount.

reporting to work

significantly impaired by

alcohol or illegal drugs,

consuming alcohol or

illegal drugs on the

employer's premises; and

conviction by a court for

manufacturing, selling, or

distributing drugs

while employed by an

employer.

Revocation, suspension or Duration of unemployment.

loss of license,

certificate, permit, bond,

or surety the claimant is

responsible for providing

and that is necessary for

work.

Substantial fault connected Benefits deferred for nine

with work but not rising to weeks. If there are

the level of misconduct. substantial aggravating or

This category includes acts mitigating circumstances,

or omissions over which the deferral can be reduced to a

employee exercised minimum of four weeks or

reasonable control and increased to a maximum of

which violate reasonable 13.

job requirements. It does

not include minor rules

infractions unless they are repeated

after the employee has received a

warning; unintentional mistakes; or

failures due to insufficient skill,

ability, or equipment.

North Dakota

Disqualifying Conduct Disqualification Period

Misconduct in connection Week of discharge and until

with work. the claimant earns at least

10 times his weekly benefit

amount.

Gross misconduct defined One year from the date of

as assault and battery, separation.

malicious destruction of

property, or theft of money

or property.

Partial or total Duration of suspension up to

unemployment caused by 30 days.

disciplinary suspension of

up to 30 days for

work-connected misconduct.

Ohio

Disqualifying Conduct Disqualification Period

Just cause in connection Duration of unemployment,

with work, commitment to a remuneration earned excluded

penal institution, or from total base period

dishonesty in connection wages, and qualifying weeks

with work. “Just cause” not credited.

means that the reason for

discharge seems justifiable

to an ordinarily

intelligent person.

Disciplinary layoff for Duration of layoff or

misconduct connected with dispute.

work, or labor dispute

(other than a lockout).

Oklahoma

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Until the claimant earns at

least 10 times his weekly

benefit amount.

Oregon

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant earns at

work, defined as a wilful least four times his weekly

violation of the standards benefit rate, plus reduction

of behavior an employer has in maximum total benefits

the right to expect of an equal to eight times his

employee, including wilful weekly benefit amount.

disregard of the employer's

interest or recurring

negligence that

demonstrates wrongful

intent.

Pennsylvania

Disqualifying Conduct Disqualification Period

Wilful misconduct connected Until the claimant earns six

with work, interpreted to times his weekly benefit

mean (1) wanton and wilful amount. Future benefits not

disregard of the employer's charged to injured

interest; (2) deliberate violation employer's account.

of rules; (3) disregard of standards

of behavior an employer may

rightfully expect; or (4) negligence

that shows culpability, wrongful intent,

evil design, or intentional and

substantial disregard for the employer's

interests or the employee's duties and

obligations.

Rhode Island

Disqualifying Conduct Disqualification Period

Proved misconduct connected Week of discharge and until

with work. According to the claimant has worked at least

state Supreme Court, four weeks, in each of which

disqualification requires he has earned at least 20

a showing of a recurring times the minimum hourly

pattern if negligence which wage.

indicates a disregard of

the employer's interest and

a disregard of those

standards which a employer

has a right to expect of a

reasonable employee. No

disqualification for a

discharge in relation to

which an unfair labor

practice complaint is

issued by the National

Labor Relations Board's

regional office or the

state labor relations

board.

South Carolina

Disqualifying Conduct Disqualification Period

Work-connected cause, Benefits deferred from six

interpreted to require to 26 weeks beginning with

more than a failure in the effective date of the

good performance of the claim. Mandatory

employee as a result of corresponding reduction in

inability or incapacity. total benefits equal to the

number of weeks of deferral

times the claimant's weekly

benefit amount.

South Dakota

Disqualifying Conduct Disqualification Period

Misconduct connected with Until claimant earns at

work. Defined as (1) least six times his weekly

failure to obey rules, benefit amount.

orders, or instructions or

to discharge the duties for

which the claimant was

employed; (2) substantial

disregard of the employer's

interests or the employee's

duties and obligations to

the employer; (3) conduct

showing the same wilful or

wanton disregard of an

employer's interest as is

found in deliberate

violations or disregard of

standards of behavior the

employer has a right to

expect; (4) carelessness or

negligence of such a degree

or recurrence as to show

equal guilt, wrongful

intent or evil design.

Mere inefficiency,

unsatisfactory conduct,

failure to perform as the

result of inability or

incapacity, good faith

error of judgment or

discretion, or conduct

required by religious

belief that cannot be

reasonably accommodated by

the employer is not

misconduct.

Tennessee

Disqualifying Conduct Disqualification Period

Work-connected misconduct. Until claimant earns 10

times his weekly benefit

amount.

Texas

Disqualifying Conduct Disqualification Period

Misconduct connected with Until claimant returns to

work, defined as work for at least six weeks

mismanagement of a position or earns at least six times

of employment by action or his weekly benefit amount.

inaction, neglect that

jeopardizes the lives or

property of others,

intentional wrongdoing or

malfeasance, intentional

violation or a law, or

violation of a policy or

rule adopted to ensure

orderly work and employee

safety. Excludes an act of

misconduct that takes place

in response to an

employer's or superior's

unconscionable act.

Includes refusal to provide

services within the course

and scope of employment to

an individual infected with

a communicable disease,

provided the employer made

available to the claimant

the facilities, equipment,

training, and supplies

needed to prevent

infection.

Utah

Disqualifying Conduct Disqualification Period

Misconduct connected with Week of discharge and until

work defined as either (1) the claimant earns at least

a work-connected act or six times his weekly benefit

omission, not constituting amount.

a crime, which is

deliberate, wilful or

wanton and adverse to the

employer's rightful

interest, or (2) just

cause.

Dishonesty constituting a 52 weeks and all wage

crime or any felony or credits cancelled.

class A misdemeanor

in connection with work.

Vermont

Disqualifying Conduct Disqualification Period

(1) Misconduct or (2) Benefits deferred for six to

inability to perform all or 12 weeks.

an essential part of normal

duties without good cause

attributable to the

employer because of the

consequences that follow

being found guilty of a

felony or misdemeanor.

Gross misconduct. Until the claimant has

earned more than six times

his weekly benefit amount.

Virginia

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant works for

work. Interpreted by the at least 30 days.

state supreme court to mean

a deliberate violation of a

company rule reasonably

designed to protect the

employer's legitimate

business interest or an act

or omission of such a

nature or so recurrent as

to show a wilful disregard

of interests, duties, and

obligations owed to the

employer.

Discharge resulting from Until the claimant is

imprisonment after being released and has worked for

convicted of an illegal act at least 30 days

Washington

Disqualifying Conduct Disqualification Period

Misconduct connected with First day of the week in

work. Alcoholism is not a which the employee is

defense against a discharged or suspended and

misconduct until the claimant returns

disqualification. to work for five weeks and

earned five times his weekly

benefit amount.

Admitted or convicted All wage credits based on

felony or gross misdemeanor the employment cancelled.

connected with work.

West Virginia

Disqualifying Conduct Disqualification Period

Misconduct. Week of discharge and six

weeks following.

Gross misconduct defined as Until the claimant has

(1) wilful destruction of returned to work for 30

employer property; (2) days.

assault on the employer or

a fellow employee at the

workplace or in the course

of employment; (3)

reporting to work under

the influence of alcohol or

drugs or using those

substances at work; (4)

work-connected arson,

theft, larceny, fraud or

embezzlement; (5) other

gross misconduct including

acts committed in the face

of receipt of prior written

warning of possible

termination for such acts.

Wisconsin

Disqualifying Conduct Disqualification Period

Misconduct connected with Until seven weeks from the

work. Interpreted by state week of discharge and the

Supreme Court in the claimant has earned at least

Boynton Cab case (see 14 times his weekly benefit

above). amount. Exclusion of wages

paid by the injured employer

from base period wages.

Disciplinary suspension for Duration of suspension

good cause connected with or three weeks from the week

work. of suspension, whichever is less.

Wisconsin (Continued)

Disqualifying Conduct Disqualification Period

.

Suspension, revocation or Until license is valid or

nonrenewal of government five weeks, whichever is

license needed for work. less. No benefits charged to

injured employer.

Wyoming

Disqualifying Conduct Disqualification Period

Misconduct connected with Until the claimant is

work. reemployed for at least

12 weeks and has earned at

least 12 times his weekly

benefit amount. Claimant

ineligible for rest of his

benefit year. Employer's

account not charged.

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