Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.32 - Discharge for Misconduct

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
a. For the
			 purposes of this rule, "misconduct" is defined as a deliberate act or omission
			 by an employee that constitutes a material breach of the duties and obligations
			 arising out of the employee's contract of employment. Misconduct is limited to
			 conduct evincing such willful or wanton disregard of an employer's interest as
			 is found in deliberate violation or disregard of standards of behavior which
			 the employer has the right to expect of employees, or in carelessness or
			 negligence of such degree of recurrence as to manifest equal culpability,
			 wrongful intent or evil design, or to show an intentional and substantial
			 disregard of the employer's interests or of the employee's duties and
			 obligations to the employer. Misconduct by an individual includes but is not
			 limited to all of the following:
(1) Willful
			 and deliberate falsification of the individual's employment
			 application.
(2) Knowing violation
			 of a reasonable and uniformly enforced rule of an employer.
(3) Intentional damage of an employer's
			 property.
(4) Consumption of
			 alcohol, illegal or nonprescribed prescription drugs, or an impairing substance
			 in a manner not directed by the manufacturer, or a combination of such
			 substances, on the employer's premises in violation of the employer's
			 employment policies.
(5) Reporting
			 to work under the influence of alcohol, illegal or nonprescribed prescription
			 drugs, or an impairing substance in an off-label manner, or a combination of
			 such substances, on the employer's premises in violation of the employer's
			 employment policies, unless the individual is compelled to work by the employer
			 outside of scheduled or on-call working hours.
(6) Conduct that substantially and
			 unjustifiably endangers the personal safety of coworkers or the general
			 public.
(7) Incarceration for an
			 act for which one could reasonably expect to be incarcerated that results in
			 missing work.
(8) Incarceration as
			 a result of a misdemeanor or felony conviction by a court of competent
			 jurisdiction.
(9) Excessive
			 unexcused tardiness or absenteeism.
(10) Falsification of any work-related
			 report, task, or job that could expose the employer or coworkers to legal
			 liability or sanction for violation of health or safety laws.
(11) Failure to maintain any license,
			 registration, or certification that is reasonably required by the employer or
			 by law, or that is a functional requirement to perform the individual's regular
			 job duties, unless the failure is not within the control of the
			 individual.
(12) Conduct that is
			 libelous or slanderous toward an employer or an employee of the employer if
			 such conduct is not protected under state or federal law.
(13) Theft of an employer's or coworker's
			 funds or property.
(14) Intentional
			 misrepresentation of time worked or work carried out that results in the
			 individual receiving unearned wages or unearned benefits.