646 Ind. Admin. Code 5-8-6

Current through May 29, 2024

Section 646 IAC 5-8-6 - Discharge; breach of duty

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4; IC 22-4.1

Sec. 6.

(a) In order to qualify as a breach of duty for unemployment insurance purposes, the duty must be:

(1) reasonably connected to the work;

(2) reasonably owed to the employer by the employee; and

(3) of such a nature that a reasonable employee would recognize a violation of the duty, and would understand that such a violation of the duty would subject the individual to discharge.

(b) A breach of duty reasonably owed to an employer includes, but is not limited to, conduct which establishes that the claimant:

(1) damaged the employer's trust and confidence in the claimant's ability to effectively perform the job;

(2) willfully failed to meet the employer's reasonable expectation;

(3) chose a course of action that the claimant knew, or should have known, would negatively impact the employer's financial interests;

(4) demonstrated an intentional or substantial disregard for the employer's interests;

(5) intentionally or knowingly injured, or attempted to injure, the employer's financial interests;

(6) intentionally chose a course of action that pitted the claimant's interests against the employer's interests to the detriment of the employer;

(7) showed carelessness or negligence to such a degree, or with such recurrence, as to cause damage to the employer's interests; or

(8) performed some volitional act or exercised some control over the circumstances resulting in discharge from employment.

646 IAC 5-8-6

Department of Workforce Development; 646 IAC 5-8-6; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Filed 2/25/2019, 2:18 p.m.: 20190327-IR-646180408FRA, eff 3/30/2019

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA