{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-2-406","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-2-406","heading":"Discharge for misconduct","body":"DISCHARGE FOR MISCONDUCT.\n\nA. An individual shall be disqualified for benefits if the\n\nindividual has been discharged for misconduct connected with the\n\nindividual's last work. If discharged for misconduct, the employer\n\nshall have the burden to prove that the employee engaged in\n\nmisconduct as defined by this section. Such burden of proof is\n\nsatisfied by the employer, or its designated representative,\n\nproviding a signed affidavit, or presenting such other evidence\n\nwhich properly demonstrates the misconduct which resulted in the\n\ndischarge. Once this burden is met, the burden then shifts to the\n\ndischarged employee to prove that the facts are inaccurate or that\n\nthe facts as stated do not constitute misconduct as defined by this\n\nsection. Disqualification under this section shall continue for the\n\nfull period of unemployment next ensuing after the employee has been\n\ndischarged for misconduct connected with the employee's work and\n\nuntil such individual has become reemployed and has earned wages\n\nequal to or in excess of ten (10) times the weekly benefit amount.\n\nB. Acts which constitute misconduct under this section shall be\n\nlimited to the following:\n\n1. Any intentional act or omission by an employee which\n\nconstitutes a material or substantial breach of the employee's job\n\nduties or responsibilities or obligations pursuant to the employee's\n\nemployment or contract of employment;\n\n2. Unapproved or excessive absenteeism or tardiness;\n\n3. Indifference to, breach of or neglect of the duties required\n\nwhich result in a material or substantial breach of the employee’s\n\njob duties or responsibilities;\n\n4. Acts or omissions that place in jeopardy the health, life,\n\nor property of self or others;\n\n5. Dishonesty;\n\n6. Wrongdoing;\n\n7. Violation of a law; or\n\n8. A violation of a policy or rule enacted to ensure orderly\n\nand proper job performance or for the safety of self or others.\n\nC. Any misconduct violation as defined in subsection B of this\n\nsection shall not require a prior warning from the employer. As\n\nlong as the employee knew, or should have reasonably known, that a\n\nrule or policy of the employer was violated, the employee shall not\n\nbe eligible for benefits.\n\nD. Any finding by a state or federal agency of any failure by\n\nthe employee to meet the applicable civil, criminal or professional\n\nstandards of the employee's profession shall create a rebuttable\n\npresumption of such misconduct, and benefits shall be denied, unless\n\nthe employee can show, with clear and convincing evidence, that such\n\nmisconduct did not occur, or the Commission determines that such\n\nfailure did not constitute misconduct as defined herein.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d85439a3a3de0a7596bca2db357c59402a7bc548d4afece58312d214eedecd30","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-2-405","next":"us-ok/okla.-stat.-tit.-40-40-2-406.1"},"notice":"GroundRules: Original legal text. Not legal advice."}