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24.11.460    DISQUALIFICATION FOR MISCONDUCT

(1) Misconduct as used in 39-51-2303 , MCA, includes, but is not limited to, the following conduct by a claimant:

(a) willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer;

(b) deliberate violations or disregard of standards of behavior which the employer has the right to expect of an employee;

(c) carelessness or negligence that causes or would likely cause serious bodily harm to the employer or fellow employee; or

(d) carelessness or negligence of such degree or recurrence to show an intentional or substantial disregard of the employer's interest.

(2) The term misconduct does not necessarily include:

(a) inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity;

(b) inadvertence or ordinary negligence in isolated instances; or

(c) good faith errors in judgment or discretion.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2303, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89.

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