H-1379.2  _______________________________________________

                          HOUSE BILL 1749

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Clements, Lisk, Blanton, Chandler, Lambert, Honeyford, Sheldon, Horn, Skinner, Hargrove, Fuhrman, Stevens, Radcliff, Huff, Schoesler and Backlund

Read first time 02/07/95.  Referred to Committee on Commerce & Labor.

Defining misconduct for unemployment insurance purposes.

    AN ACT Relating to defining misconduct for unemployment insurance purposes; and amending RCW 50.04.293.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 50.04.293 and 1993 c 483 s 1 are each amended to read as follows:

(1) "Misconduct" means an employee's ((act or failure to act in willful disregard of his or her employer's interest where the effect of the employee's act or failure to act is to harm the employer's business)) on-the-job conduct, whether an act or a failure to act, that:

(a) In fact violates a written rule of his or her employer and the rule is reasonable under the circumstances of the employment;

(b) Is connected with the employee's work; and

(c) Is intentional or grossly negligent, or is continued after documented notice or warning, and is not a result of incompetence, inefficiency, erroneous judgment, or ordinary negligence.

(2) In the case of an employee's off-the-job conduct, "misconduct" is conduct, whether an act or a failure to act, that:

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

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

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

                            --- END ---