1. Burden of proof.

A discharge is a termination of the employer-employee relationship which is initiated by the employer and which entitles a claimant to unemployment benefits unless he or she is discharged for misconduct under subsection 2 of section 1193 of the Employment Security Law. The burden of proof is on the employer to prove that the employee's conduct meets the statutory definition of misconduct.

2. Evidence.

When an employer provides substantial evidence that a claimant whom it discharged has engaged in criminal conduct in connection with the employment, evidence of conviction shall not be required in order to sustain a finding that the claimant has engaged in misconduct.

STATUTORY AUTHORITY: 26 M.R.S.A., Sec. 1082

EFFECTIVE DATE:

October 2, 1989

AMENDED:

September 6, 1993

NON-SUBSTANTIVE CORRECTIONS:

June 20, 2000 - converted to MS Word

NON-SUBSTANTIVE EDIT:

October 30, 2024 – Rule header on page 1 amended to identify the agency unit of jurisdiction