Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.6 - NEW
Rule 24.40.619 - OFF-DUTY CONDUCT AS MISCONDUCT
Universal Citation: MT Admin Rules 24.40.619
Current through Register Vol. 18, September 20, 2024
(1) "Off-duty" conduct may constitute misconduct if it meets the criteria in 39-51-201, MCA, and the employer shows by a preponderance of the evidence that such conduct:
(a) significantly and adversely affects the
claimant's ability and capacity to perform job duties; and
(b) significantly and adversely affects the
employer's business to a substantial degree.
(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.
AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-201, 39-51-2303, MCA
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