Indiana Administrative Code
Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT
Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION
Rule 8 - Separation from Employment
Section 8-6 - Discharge; breach of duty
Universal Citation: 646 IN Admin Code 8-6
Current through March 20, 2024
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.
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