§ 2-406. Discharge for misconduct
Oklahoma Statutes AnnotatedTitle 40. LaborEffective: November 1, 2021
Effective: November 1, 2021
40 Okl.St.Ann. § 2-406
§ 2-406. Discharge for misconduct
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 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 been 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.
D. Any finding by a state or federal agency of any failure by the employee to meet the applicable civil, criminal or professional standards of the employee's profession shall create a rebuttable presumption of such misconduct, and benefits shall be denied, unless the employee can show, with clear and convincing evidence, that such misconduct did not occur, or the Commission determines that such failure did not constitute misconduct as defined herein.
Credits
Laws 1980, c. 323, § 2-406, eff. July 1, 1980; Laws 2013, c. 148, § 2, eff. Nov. 1, 2013; Laws 2014, c. 220, § 3, eff. Nov. 1, 2014; Laws 2021, c. 424, § 5, eff. Nov. 1, 2021.
40 Okl. St. Ann. § 2-406, OK ST T. 40 § 2-406
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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