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