An Act for Fair Treatment of Workers
Maine Legislature, Session 123, LD 1777
Committee: Labor
Sponsors: BRANNIGAN
Amends: 26 MRSA §1043

Legislative Document 
No. 1777 
S.P.628 
March 28, 2007 
An Act for Fair Treatment of Workers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator BRANNIGAN of Cumberland. (BY REQUEST) 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA c. 7, sub-c. 11 is enacted to read: 
SUBCHAPTER 11 
TERMINATION OF EMPLOYMENT 
§S77. Limitation on termination of employment 
An employer may terminate the employment of an employee for misconduct only. 
An employer who violates this section shall pay to that employee an amount equal to one 
week's pay for each year after the first year that the employee has worked for that 
employer. As used in this section, "misconduct" has the same meaning as in section 
1043, subsection 23. 
Sec. 2. 26 MRSA §1043, sub-§23, as repealed and replaced by PL 1999, c. 464, 
§2, is amended to read: 
23. Misconduct. "Misconduct" means a culpable breach of the employee's duties or 
obligations to the employer or a pattern of irresponsible behavior, which in either case 
manifests a disregard for a material interest of the employer. This definitioA relates oAly 
to aA employee's entitlemeAt to beAefits aAd does AOt preeh:lde aA employer from 
disehargiAg aA employee for aetioAs that are AOt iAeluded iA this defiAition of miseonduet. 
A fiAding tHat an employee has Aot eAgaged in miseonduet for purposes of this ehapter 
may Hot be used as evideAee tHat tHe employer laeked justifieation for diseharge. 
A. The following acts or omissions are presumed to manifest a disregard for a 
material interest of the employer. If a culpable breach or a pattern of irresponsible 
behavior is shown, these actions or omissions constitute "misconduct" as defined in 
this subsection. 
This does not preclude other acts or omissions from being 
considered to manifest a disregard for a material interest of the employer. The acts or 
omissions included in the presumption are the following: 
(1) Refusal, knowing failure or recurring neglect to perform reasonable and 
proper duties assigned by the employer; 
(2) 
Unreasonable violation of rules that are reasonably imposed and 
communicated and equitably enforced; 
(3) Unreasonable violation of rules that should be inferred to exist from common 
knowledge or from the nature of the employment; 
(4) Failure to exercise due care for punctuality or attendance after warnings; 
(5) Providing false information on material issues relating to the employee's 
eligibility to do the work or false information or dishonesty that may substantially 
jeopardize a material interest of the employer; 
(6) Intoxication while on duty or when reporting to work or unauthorized use of 
alcohol while on duty; 
Page I - 123LRI438(OI)-1 
(7) Using illegal drugs or being under the influence of such drugs while on duty 
or when reporting to work; 
(8) Unauthorized sleeping while on duty; 
(9) 
Insubordination or refusal without good cause to follow reasonable and 
proper instructions from the employer; 
(10) Abusive or assaultive behavior while on duty, except as necessary for self-
defense; 
(11) Destruction or theft of things valuable to the employer or another employee; 
(12) Substantially endangering the safety of the employee, coworkers, customers 
or members of the public while on duty; 
(13) Conviction of a crime in connection with the employment or a crime that 
reflects adversely on the employee's qualifications to perform the work; or 
(14) Absence for more than 2 work days due to incarceration for conviction of a 
crime. 
B. "Misconduct" may not be found solely on: 
(1) An isolated error in judgment or a failure to perform satisfactorily when the 
employee has made a good faith effort to perform the duties assigned; 
(2) Absenteeism caused by illness of the employee or an immediate family 
member if the employee made reasonable efforts to give notice of the absence 
and to comply with the employer's notification rules and policies; or 
(3) Actions taken by the employee that were necessary to protect the employee 
or an immediate family member from domestic violence if the employee made all 
reasonable efforts to preserve the employment. 
SUMMARY 
This bill provides that an employer may terminate the employment of an employee 
for misconduct only.