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24.11.461    SPECIFIC ACTS OF MISCONDUCT

(1) The following acts are considered misconduct because the acts signify a willful and wanton disregard of the rights, title, and interests of the employer or a fellow employee. These acts include:

(a) insubordination showing a deliberate, willful or purposeful refusal to follow the reasonable directions or instructions of the employer;

(b) repeated inexcusable tardiness following warnings by the employer;

(c) dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception or lying;

(d) false statements made as part of a job application process, including, but not limited to deliberate falsification of the individual's work record, educational or licensure achievements;

(e) repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;

(f) deliberate acts that are illegal, provoke violence or violation of laws, or violate the collective bargaining agreement. However, an employee who engages in lawful union activity may not be disqualified due to misconduct;

(g) violation of a company rule if the rule is reasonable and if the claimant knew or should have known of the existence of the rule; and

(h) violations of law by the claimant while acting within the scope of employment that substantially affect the claimant's job performance or that substantially harm the employer's ability to do business.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2303, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2006 MAR p. 916, Eff. 4/7/06.

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