1749 AMH CLEM CORD 7

HB 1749 ‑ H AMD 319 ADOPTED 3/14/95

By Representative Clements and others

     On page 2, beginning on line 1, strike all of subsections (a) through (c) and insert the following:

     "(a) Has a reasonable and direct relation to the conduct of the employer's business;

(b) Results in some harm to the employer's interest;

(c) Was done with intent or knowledge that the employer's interest would suffer; and

(d) Meets the requirements of subsection (1)(a) and (b) of this section.

(3) If a determination of an allowance of benefits is appealed by an employer on the grounds that the employee's conduct was misconduct that violated an unwritten rule of the employer, this subsection shall apply.  The employer shall have the burden of establishing by a preponderance of the evidence that: (a) Except for the requirement of a written rule, the requirements of subsection (1) or (2) of this section, whichever applies, are met; and (b) as established by at least two competent witnesses, both the rule in issue and the expectation that the rule would be followed were communicated to the employee."

EFFECT:  The amendment (1) provides an additional test for establishing misconduct for unemployment insurance purposes. In addition to the other tests, the employee's off-the-job misconduct must have a reasonable and direct relation to the conduct of the employer's business; and (2) provides a procedure for contesting the allowance of a claim if the employee has violated an unwritten employer rule.  The burden of proof is on the employer to establish that the rule and the expectation that the rule would be followed were communicated to the employee.