Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.4 - Claims for Benefits
Rule 24.11.462 - OFF-DUTY CONDUCT
Current through Register Vol. 6, March 22, 2024
(1) While misconduct usually occurs during the claimant's normal working hours, "off-duty" conduct may constitute misconduct if it meets the criteria in 39-51-201, MCA, and if such conduct:
(2) The connection between the misconduct and its effect on the employer's business must be reasonable and discernible. Speculation as to adverse effect upon the employer's business is not sufficient.
(3) The employer must demonstrate by a preponderance of the evidence that the off-duty conduct significantly affected the employment relationship.
39-51-301, 39-51-302, MCA; IMP, 39-51-201, 39-51-2303, MCA;