1. (a) A termination by an employer of any employee, who falls within the purview of AS 23.10.375 - 23.10.400, during the term of the contract of employment is considered "a cause good and sufficient, beyond the control of the employee," as the phrase is used in AS 23.10.380(a)(1), and imposes upon the employer the obligation to provide return transportation, except if the reason for termination is

   1. (1) falsification of the employment application;
   2. (2) intoxication;
   3. (3) fighting; or
   4. (4) unexcused absence from duties for more than three consecutive scheduled work days.

2. (b) Voluntary termination by an employee, who falls within the purview of AS 23.10.375 - 23.10.400, does not obligate the employer to provide return transportation unless the employee terminates because of

   1. (1) misrepresentation of wages, working hours, lodging, or other conditions of employment; or
   2. (2) working conditions or employer-provided lodging that are unsafe or unhealthy.
3. (c) The labor standards and safety division will accept an employer's finding for termination for intoxication, unless the employee furnishes evidence that demonstrates the employee was not intoxicated during the incident that was the basis for termination by the employer.
4. (d) For the purposes of this section, "intoxication" means affected by the use of drugs and alcohol.

(Eff. 4/17/74, Register 49; am 4/29/99, Register 150; am 3/2/2008, Register 185)