Idaho Admin. Code r. 09.01.30.275

Current through September 2, 2024

Section 09.01.30.275 - DISCHARGE

01.Burden of Proof. The burden of proving that a claimant was discharged for employment-related misconduct rests with the employer.

02.Disqualifying Misconduct. To disqualify a claimant for benefits, misconduct must be connected with the claimant's employment and involve one of the following:

a. Disregard of Employer's Interest. A willful, intentional disregard of the employer's interest.

b. Violation of Reasonable Rules. A deliberate violation of the employer's reasonable rules.

c. Disregard of Standards of Behavior. If the alleged misconduct involves a disregard of a standard of behavior which the employer has a right to expect of his employees, there is no requirement that the claimant's conduct be willful, intentional, or deliberate. The claimant's subjective state of mind is irrelevant. The test for misconduct in "standard of behavior cases" is as follows:

i. Whether the claimant's conduct fell below the standard of behavior expected by the employer; and

ii. Whether the employer's expectation was objectively reasonable in the particular case.

03.Inability to Perform or Ordinary Negligence. Mere inefficiency, unsatisfactory conduct, failure of good performance as the result of inability or incapacity, inadvertencies, isolated instances of ordinary negligence, or good faith errors in judgment or discretion are not considered misconduct connected with employment.

04.Non-Job Related Conduct. If the claimant was discharged for conduct involving personal, non-job related behavior, the discharge is not for misconduct connected with employment.

05.When Notice of Discharge Prompts a Resignation. If a claimant has resigned after receiving a notice of discharge (or lay off due to a lack of work), but before the effective date of the discharge, both "separations" must be considered. The following three (3) elements should be present for both actions to affect the claimant's eligibility:

a. The employee was given notice by the employer of a specific separation date;

b. The employee's decision to quit before the effective date of the termination was a consequence of the pending separation; and

c. The voluntary quit occurred a short time prior to the effective date of the termination.

06.Indefinite Suspension. A claimant who has been suspended without pay for an indefinite period of time, who has not been given a date to return to work, is considered discharged.

Idaho Admin. Code r. 09.01.30.275

Effective March 23, 2022