Oklahoma 2023 Regular Session

Oklahoma House Bill HB2710 Compare Versions

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

Old	New	Differences
1	1	Req. No. 6142 Page 1
2	2	STATE OF OKLAHOMA
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4	4	1st Session of the 59th Legislature (2023)
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6	6	HOUSE BILL _________ By: Steagall
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12	12	AS INTRODUCED
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14	14	An Act relating to labor; amending 40 O.S. 2021,
15	15	Section 2-406, which relates to discharge for
16	16	misconduct; creating exemption; and providing an
17	17	effective date.
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22	22	BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
23	23	SECTION 1. AMENDATORY 40 O.S. 202 1, Section 2-406, is
24	24	amended to read as follows:
25	25	Section 2-406. DISCHARGE FOR MISCONDUCT.
26	26	A. An individual shall be disqualified for benefits if the
27	27	individual has been discharged for misconduct connected with the
28	28	individual's last work. If discharged for misconduct, the employer
29	29	shall have the burden to prove that the employee engaged in
30	30	misconduct as defined by this section. Such burden of proof is
31	31	satisfied by the employer, or its designated representative,
32	32	providing a signed affidavit, or presenting such other evidence
33	33	which properly demonstrates the misconduct which resulted in the
34	34	discharge. Once this burden is met, the burden then shifts to the
35	35	discharged employee to prove that the facts are inaccurate or that Req. No. 6142 Page 2
36	36	the facts as stated do not constitute misconduct as defined by this
37	37	section. Disqualification under this section shall continue for the
38	38	full period of unemployment next ensuing after the employee has be en
39	39	discharged for misconduct connected with the employee 's work and
40	40	until such individual has become reemployed and has earned wages
41	41	equal to or in excess of ten (10) times the weekly benefit amount.
42	42	B. Acts which constitute misconduct under this section shall be
43	43	limited to the following:
44	44	1. Any intentional act or omission by an employee which
45	45	constitutes a material or substantial breach of the employee 's job
46	46	duties or responsibilities or ob ligations pursuant to the employee's
47	47	employment or contract of em ployment;
48	48	2. Unapproved or excessive absenteeism or tardiness;
49	49	3. Indifference to, breach of or neglect of the duties required
50	50	which result in a material or substantial breach of the employ ee's
51	51	job duties or responsibilities;
52	52	4. Acts or omissions that p lace in jeopardy the health, life,
53	53	or property of self or others;
54	54	5. Dishonesty;
55	55	6. Wrongdoing;
56	56	7. Violation of a law; or
57	57	8. A violation of a policy or rule enacted to ensure orderly
58	58	and proper job performance or for the safety of self or others. Req. No. 6142 Page 3
59	59	C. Any employee who declines to utilize or to receive
60	60	administration of any drug, device, or biological product shall not
61	61	be deemed to have engaged in misconduct pursuant to subsection B of
62	62	this section solely on the basis of such declination.
63	63	D. Any misconduct violation as defined in subsection B of this
64	64	section shall not require a prior warning from the employer. As
65	65	long as the employee knew, or should have reasonably known, that a
66	66	rule or policy of the employer was violated, the employee shall not
67	67	be eligible for benefits.
68	68	D. E. Any finding by a state or federal agency of any failure
69	69	by the employee to meet the applica ble civil, criminal or
70	70	professional standards of the employee 's profession shall create a
71	71	rebuttable presumption of such misconduct, and ben efits shall be
72	72	denied, unless the employee can show, with clear and convincing
73	73	evidence, that such misconduct did no t occur, or the Oklahoma
74	74	Employment Security Commission determines that suc h failure did not
75	75	constitute misconduct as defined herein.
76	76	SECTION 2. This act shall become effective November 1, 202 3.
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78	78	59-1-6142 LRB 12/12/22