1. 1. A worker discharged from employment because of an alleged violation of a public law or rule shall be found to have been discharged for misconduct provided a preponderance of evidence establishes that:

   1. a. The act(s) amounted to misconduct connected with the work (see R6-3-5185), and
   2. b. The worker committed the act(s) alleged.
2. 2. The allegation, arrest, charge, information or indictment is not evidence that the worker committed the alleged violation of public law or rule.
3. 3. A felony offense connected with the work is misconduct. A misdemeanor offense or a violation of a public rule which has the potential to substantially and adversely affect the employer’s business interest is misconduct.
4. 4. A worker discharged for refusal to violate a public law or rule will be found to have been discharged for a reason other than misconduct connected with the work.
5. 5. A benefit determination shall not be delayed pending action by a court or another agency.

General (Misconduct 490.05)

Historical Note

Former rule number Misconduct 490. - 490.05. Former rule repealed, new Section R6-3-51490 adopted effective January. 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective October 22, 1981 (Supp. 81-5).