Oklahoma 2022 Regular Session

Oklahoma House Bill HB3106 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3106 By: Steagall
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38	38	AS INTRODUCED
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40	40	An Act relating to labor; amending 40 O.S. 2021,
41	41	Section 2-406, which relates to discharge for
42	42	misconduct; creating exemption; and prov iding an
43	43	effective date.
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48	48	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 40 O.S. 202 1, Section 2-406, is
50	50	amended to read as follows:
51	51	Section 2-406. DISCHARGE FOR MISCONDUCT.
52	52	A. An individual shall be disqualified for benefits if the
53	53	individual has been discharged for misconduct connected with the
54	54	individual's last work. If discharged for misconduct, the employer
55	55	shall have the burden to prove that the employee engaged in
56	56	misconduct as defined by this section. Such burden of proof is
57	57	satisfied by the employer, or its designated representative,
58	58	providing a signed affidavit, or presenting such other evidence
59	59	which properly demonstrates the misconduct which resulted in the
60	60	discharge. Once this burden is met, the burden then shifts to the
61	61	discharged employee to prove that the facts are inaccurate or that
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88	88	the facts as stated do not constitute misconduct as defined by this
89	89	section. Disqualification under this section shall continue for the
90	90	full period of unemployment next ensuing after the employee has been
91	91	discharged for misconduct connected with the employee 's work and
92	92	until such individual has become reemployed and has earned wages
93	93	equal to or in excess of ten (10) times the weekly benefit amou nt.
94	94	B. Acts which constitute misconduct under this section shall be
95	95	limited to the following:
96	96	1. Any intentional act or omission by an employee which
97	97	constitutes a material or substantial breach of the employee 's job
98	98	duties or responsibilities or obligat ions pursuant to the employee's
99	99	employment or contract of employment;
100	100	2. Unapproved or excessive absenteeism or tardiness;
101	101	3. Indifference to, breach of or neglect of the duties required
102	102	which result in a material or substantial breach of the employee 's
103	103	job duties or responsibilities;
104	104	4. Acts or omissions that place in jeopardy the health, life,
105	105	or property of self or others;
106	106	5. Dishonesty;
107	107	6. Wrongdoing;
108	108	7. Violation of a law; or
109	109	8. A violation of a policy or rule enacted to ensure orderly
110	110	and proper job performance or for the safety of self or others.
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137	137	C. Any employee who declines to utilize or to receive
138	138	administration of any drug, device, or biological product shall not
139	139	be deemed to have engaged in misconduct pursuant to subsection B of
140	140	this section solely on the basis of such declination.
141	141	D. Any misconduct violation as defined in subsection B of this
142	142	section shall not require a prior warning from the employer. As
143	143	long as the employee knew, or should have reasonably known, that a
144	144	rule or policy of the employer was violated, the employee shall not
145	145	be eligible for benefits.
146	146	D. E. Any finding by a state or federal agency of any failure
147	147	by the employee to meet the applica ble civil, criminal or
148	148	professional standards of the employee 's profession shall create a
149	149	rebuttable presumption of such misconduct, and benefits shall be
150	150	denied, unless the employee can show, with clear and convincing
151	151	evidence, that such misconduct did no t occur, or the Oklahoma
152	152	Employment Security Commission determines that such fai lure did not
153	153	constitute misconduct as defined herein.
154	154	SECTION 2. This act shall become effective November 1, 2022.
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156	156	58-2-8427 LRB 10/11/21