1. (1) "Off-duty" conduct may constitute misconduct if it meets the criteria in 39-51-201, MCA, and the employer shows by a preponderance of the evidence that such conduct:

   1. (a) significantly and adversely affects the claimant's ability and capacity to perform job duties; and
   2. (b) significantly and adversely affects the employer's business to a substantial degree.
2. (2) The connection between the misconduct and its effect on the employer's business must be reasonable and discernible. Speculation as to adverse effect upon the employer's business is not sufficient.

Authorizing statute(s): 39-51-301, 39-51-302, MCA

Implementing statute(s): 39-51-201, 39-51-2303, MCA

History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2012 MAR p. 1040, Eff. 5/25/12; TRANS and AMD, from 24.11.462, 2024 MAR p. 1458, Eff. 7/1/24.