Washington Administrative Code
Title 192 - Employment Security Department
UNEMPLOYMENT INSURANCE
Chapter 192-150 - Job separations
Section 192-150-220 - Discharges for gross misconduct - Definitions - Canceling wage credits
Universal Citation: WA Admin Code 192-150-220
Current through Register Vol. 24-18, September 15, 2024
(1) Definitions.
(a) "Criminal act"
means every action defined as a crime by the applicable state or federal
statutes, including felonies and gross misdemeanors.
(b) "Felony" means every crime that is
defined as such by the applicable state or federal statutes.
(c) "Gross misdemeanor" means every crime
which is defined as such by the applicable state or federal statutes.
(d) A "competent authority" is:
(i) A court (including magistrate or court
commissioner), prosecuting attorney, or law enforcement agency; or
(ii) An administrative law judge;
or
(iii) A regulatory agency or
professional association charged by law with maintaining professional standards
or codes of conduct; or
(iv) Any
other person or body, other than your employer, with authority to administer
disciplinary action against you.
(e) An admission to your employer or to an
employee of the department that you have committed a criminal act is not
considered an admission to a competent authority for the purposes of
RCW
50.20.066.
(2) Canceling wage credits.
(a) If you have been discharged for gross
misconduct connected with your work:
(i) The
department will cancel all your hourly wage credits based on that employment
since the beginning of your base period;
(ii) If your wage credits with this employer
are fewer than 680 hours, the balance of wage credits up to 680 hours will be
canceled proportionately among your base period employers according to each
employer's share of your base period wages. Wages from each employer will be
removed from the most recent quarter in which wages were reported.
(b) Wage credits may only be
canceled based upon an admission of a criminal act if:
(i) You admit to each and every element of a
criminal act which caused you to be discharged; and
(ii) The admission is made to a competent
authority.
Statutory Authority: RCW 50.12.010 and 50.12.040. 07-22-055, § 192-150-220, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. 05-01-076, § 192-150-220, filed 12/9/04, effective 1/9/05.
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