Ariz. Admin. Code § 6-3-51390

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-51390 - Relations with Fellow Employees (misconduct 390)

A. General (Misconduct 390.05). An employer has the right to expect that his employees will not conduct themselves toward each other in such manner as to interfere unduly with the routine or efficient conduct of his business. Temperamental inability to get along with fellow employees is not deemed to be misconduct connected with the work. Only when incompatibility manifests itself in an overt act which could impair the efficiency of operations, or could result in injury to the employer's interest may it be deemed misconduct.

B. Abusive or profane language (Misconduct 390.1)

1. The use of abusive or profane language may be work connected misconduct depending upon the circumstances. If the employment is of a nature that the use of such language interferes with the proper routine of the employer's business, misconduct exists as there is a violation of the employee's duty to the employer.

2. At some work sites mildly abusive and profane language are accepted as normal standards of behavior. The use of such language in those employment situations does not constitute misconduct. Only when it is used in such a belligerent or vociferous manner that there is interference with good order and discipline at the establishment can misconduct be established.

3. The occasional use of profanity is not misconduct unless it leads to dissatisfaction and discord among employees, and the employer had previously warned against its use.

C. Altercation or assault (Misconduct 390.2). Fighting with a fellow employee on the employer's premises is generally considered to be misconduct connected with the work. However, if the claimant is acting in self-defense or the evidence indicates that the fault and first blow or attempted assault rests with the other employee, the claimant is not deemed to have committed an act of misconduct connected with the work.

D. Annoyance of fellow employee (Misconduct 390.25)

1. If an individual molests, knowingly irritates, or otherwise annoys his fellow employees during working hours, he shall be considered to have committed an act of misconduct connected with the work unless the disagreeable situation resulted from good faith actions or in connection with the worker's responsibilities.

2. Ordinary bickering with or "baiting" a fellow employee generally is not deemed misconduct conducted with the work unless it becomes potentially harmful to the employer and the worker has been made aware through general rules or warnings that he must avoid or discontinue such action(s).

Ariz. Admin. Code § R6-3-51390

Former Rule number Misconduct 390. - 390.25. Former Rule repealed, new Section R6-3-51390 adopted effective January 24, 1977 (Supp. 77-1).