What is considered misconduct for Oklahoma unemployment purposes? Why does it matter? Because your unemployment benefits will be denied if the employer can prove you were discharged for misconduct connected with the work. If the employer cannot prove misconduct, then your benefits must be allowed.
Oklahoma law specifically defines “misconduct”
The Oklahoma Employment Security Commission does a case-by-case determination of whether a discharge was for misconduct. However, OESC must apply the specific definition of misconduct in the state unemployment laws. Title 40 Section 2-406 states:
B. Acts which constitute misconduct under this section shall be limited to the following:
- Any intentional act or omission by an employee which constitutes a material or substantial breech of the employee’s job duties or responsibilities or obligations pursuant to his or her employment or contract of employment;
- Unapproved or excessive absenteeism or tardiness;
- Indifference to, breach of, or neglect of the duties required which result in a material or substantial breach of the employee’s job duties or responsibilities;
- Actions or omissions that place in jeopardy the health, life, or property of self or others;
- Dishonesty;
- Wrongdoing;
- Violation of a law; or
- A violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others.
In short, your reason for discharge must be pigeonholed into one of these 8 categories before your benefits can be denied.
(Misconduct includes 2 special cases: (1) discharge for a positive drug test and (2) a finding by a state or federal agency that you fail to meet the professional requirements for your profession. These special cases are not covered in this post.)
Warnings are NOT required
One thing I heard time and time again in hearings was “I never got any warnings!” But the law explicitly says that warnings are not required. “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.”
So what does that mean? Make sure you know and understand your employer’s policies. When you sign acknowledgement receipts at the start a new job, get copies (or know how to access) every policy or handbook you sign for. The employer will use those acknowledgements as evidence that you were reasonably aware of the policies and the consequences for violating them.
You Can Rebut the Employer’s Evidence of Misconduct
But your case is not lost just because the employer can show that your reason for termination falls into one of those 8 categories. The law says that you, as the claimant, can overcome the employer’s evidence by proving 1 of 2 things. You can show that the employer’s facts are wrong or inaccurate. Or you can show that the facts presented by the employer are not misconduct the way it is defined in the law. You can be awarded benefits if you can do either of these things and the employer does not have any additional evidence.
A Note on At Will Employment
There is a common belief that, if you’re terminated or fired, then you are automatically denied unemployment. That simply is not true! The employer can fire you for any reason, as long as it’s not an illegal reason (like race, age, religion, sex, etc.). For example, the employer can fire you because:
- they don’t like that you cheer for OSU or OU;
- they hate tacos & you love them;
- they’re “going in a different direction;” or
- “you’re just not a good fit.”
It sucks to be fired for these reasons, but it is NOT illegal for your employer to be a jerk. The only way you can be denied unemployment when you’re fired is if the employer can show misconduct was the reason.
Your Next Steps
If you have questions about your termination, schedule an appointment to talk with me. I’m happy to help if I can.
