23-619.01. Misconduct connected with the employment; wilful misconduct; evaluation

A. " Misconduct connected with the employment" means any act or omission by an employee which constitutes a material or substantial breach of the employee's duties or obligations pursuant to the employment or contract of employment or which adversely affects a material or substantial interest of the employer.

B. " Wilful or negligent misconduct connected with the employment" includes, but under no circumstances is limited to, the following:

1. Absence from work without either notice to the employer or good cause for failing to give notice, repeated absence from work without good cause where warnings regarding repeated absence have been received from the employer, frequent absences from work without good cause, failure to return to work following an authorized leave, vacation, sick leave or other leave of absence when such failure is without permission from the employer, or repeated failure without good cause to exercise due care for punctuality or attendance in regard to the scheduled hours of work set by the employer.

2. Repeated intoxication, whether from the use of intoxicating liquor or the use of illegal drugs, on the employer's premises or when reporting to work, frequent absences caused by intoxication or the aftereffects of intoxication, or sleeping on the employer's premises during scheduled work hours or inefficiency or inability to perform the employment, due to intoxication or the aftereffects of intoxication.

3. Failure to pass, or the refusal to take, a drug test or alcohol impairment test administered by, or at the request of, the employer pursuant to title 23, chapter 2, article 14.

4. Refusal or knowing failure to perform reasonable and proper duties assigned by the employer.

5. Insubordination, disobedience, repeated and inappropriate use of abusive language, assault on another employee or repeated fighting, refusal to accept an assignment to work at certain times or to perform certain duties without good cause, refusal to follow reasonable and proper instructions given by the employer, or intentional or negligent destruction of the employer's property.

6. Dishonesty, material falsification of employment applications or of other written documents relating to obtaining or retaining employment, falsification of time records or work records, theft or conversion of property of the employer, or untruthfulness related to the job which could substantially injure or jeopardize the employer's interest.

7. Admission of or conviction for any felony or crime related to the employer's business or to the employment or which could have a substantial adverse effect on the employer's interest, public relations or trust, unless the employer had actual knowledge of such admission or conviction at the commencement of the employment.

8. Violation without good cause of any rule of conduct, safety rule or other rule in any way related to the employment which is reasonably imposed and communicated by the employer or which can be reasonably implied from the type of employment.

9. Violence or unlawful conduct committed during a labor dispute, strike or lockout or during picketing activities on, proximate to or directed at the employer's premises, property or operations.

C. Upon notification from an interested party, if a claimant has been subsequently convicted or acquitted of a felony with respect to the act for which he was separated, his claim shall be reconsidered after a tribunal hearing based on the newly available evidence.

D. In evaluating misconduct, a claimant's prior history of employment with the same employer shall be considered.