646 IAC 5-8-6

646 IAC 5-8-6 Discharge; breach of duty

Last amended: 2023Year: 2027Length: 221 wordsOfficial source

Cite as Ind. Admin. Code tit. 646, r. 5-8-6

Sec. 6. (a) In order to qualify as a breach of duty for unemployment insurance purposes, the duty must be: (1) reasonably connected to the work; (2) reasonably owed to the employer by the employee; and (3) of such a nature that a reasonable employee would recognize a violation of the duty, and would understand that such a violation of the duty would subject the individual to discharge. (b) A breach of duty reasonably owed to an employer includes, but is not limited to, conduct which establishes that the claimant: (1) damaged the employer's trust and confidence in the claimant's ability to effectively perform the job; (2) willfully failed to meet the employer's reasonable expectation; (3) chose a course of action that the claimant knew, or should have known, would negatively impact the employer's financial interests; (4) demonstrated an intentional or substantial disregard for the employer's interests; (5) intentionally or knowingly injured, or attempted to injure, the employer's financial interests; (6) intentionally chose a course of action that pitted the claimant's interests against the employer's interests to the detriment of the employer; (7) showed carelessness or negligence to such a degree, or with such recurrence, as to cause damage to the employer's interests; or (8) performed some volitional act or exercised some control over the circumstances resulting in discharge from employment.
646 IAC 5-8-6: 646 IAC 5-8-6 Discharge; breach of duty | Justis AI