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Oklahoma Employment Security Commission

Precedent Manual - 2007 Edition

Index

Section V

Misconduct

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V-1,2		Definition of Misconduct/Burden of Proof
V-3		Precedential Case Law
	3	Vester
	4	Tynes v. Uniroyal Tire Co
	5	Arkle v. Independent School District No. One of Tulsa Co.
	7	Stagner
	8	Smith
	10	Vogle
	11	Nordam
	12	First Place v. OESC
	13	Kakkanatt v. OESC
V-20		Absenteeism
	(A)-1	Company Attendance Policy
	(B)-1-2	Excessive Absences
	(C)-1-3	Failure to Report to Work
	(D)-1-2	Family Illness
	(E)-1-6	Personal Illness
	(F)-1	Improper Request for Leave
	(G)-1	Lack of Transportation
	(H)-1	On the Job Injury
	(I)-1-3	Tardiness
	(J)-1-2	Without Notice
	(K)-1	Procedure (Burden of Proof)
V-30		Accidents
	-1	Case Law and Commission Cases
V-40		Alcohol and Drugs
	(A)-1-7	Drug and Alcohol Testing
	(B)-1-2	Intoxication on the Job
	(C)-1-2	Treatment for Use
	(D)-1-2	Use of Alcohol or Drugs on the Job
	(E)-1-4	Use of Alcohol/Drugs When Off Duty
V-50		Arrest and/or Incarceration
	(A)-1-2	Arrest
V-60		Attitude
	(A)-1-2	Agitation of Other Employees
	(B)-1	Complaint or Discontent
	(C)-1	Uncooperative Attitude
V-70		Competition With Employer
	-1	Case Law and Commission Cases
V-80		Dishonesty
	(A)-1-2	False Information on Work Application
	(B)-1-2	Falsification of Work Records
	(C)-1-3	Fraud
	(D)-1	Incorrect or Improper Travel Claims
	(E)-1	Lying to Employer
	(F)-1-2	Theft
	(G)-1-2	Unauthorized Use of Property
V-90		Disputes Between Employees
	-1-2	Case Law and Commission Cases
V-100		Disruptive Behavior
	(A)-1-2	Abusive Behavior
	(B)-1-3	Abusive and Foul Language
	(C)-1-2	Altercation or Assault
	(D)-1	Disloyalty to Employer
	(E)-1-2	Rudeness and Abuse Toward Customers
V-110		Forced Resignation
	-1-2	Case Law and Commission Cases
V-120		Garnishment
	-1-2	Case Law and Commission Cases
V-130		Health Standards
	(A)-1	Contagious Diseases
	(B)-1	Physical Examination Requirements
V-140		Illegal or Immoral Acts
	(A)-1-2	Illegal Acts
	(B)-1	Immoral Acts
V-150		Incarceration and/or Conviction
	-1-3	Case Law and Commission Cases
V-160		Inefficiency or Inability to Perform Duties
	-1-4	Case Law and Commission Cases
V-170		Insubordination
	(A)-1-3	Disobeying Order/Instruction of Supervisor
	(B)-1-3	Dispute With Superior
	(C)-1-2	Refusal to Perform Work Duties as Assigned
	(D)-1	Refusal to Work Time Assigned
	(E)-1	Refusal to Change Work Hours
	(F)-1	Refusal to Transfer
	(G)-1	Ridicule of Authority
	(H)-1	Refusal to Sign Reprimand
V-180		Insufficient Checks
	-1	Case Law and Commission Cases
V-190		Lack of Work
	-1-6	Case Law and Commission Cases
V-200		Licenses, Failure to Secure or Loss of
	-1-3	Case Law and Commission Cases
V-210		Neglect of or Inattention to Duties
	(A)-1-2	Errors in Handling Money
	(B)-1-4	Errors in Performing Duties
	(C)-1	Excessive Personal Contacts on Job
	(D)-1-2	Failure to Improve After Counseling
	(E)-1	Failure to Maintain Equipment
	(F)-1	Leaving Assigned Work Area
	(G)-1-2	Sleeping on the Job
V-220		Off Duty Misconduct
	-1-2	Case Law and Commission Cases
V-230		Personal Appearance
	-1-2	Case Law and Commission Cases
V-240		Polygraph Test, Failure to Pass or Refusal to Take
	(A)-1	Failure to Pass
	(B)-1-2	Refusal to Take
V-250		Religion
	-1-2	Case Law and Commission Cases
V-260		Safety Violations
	-1	Case Law and Commission Cases
V-270		Sexual Harassment
	-1	Case Law and Commission Cases
V-280		Third Party Disturbance
	-1	Case Law and Commission Cases
V-290		Uninsurable Driver
	-1	Case Law and Commission Cases
V-300		Union Activities
	-1	Case Law and Commission Cases
V-310		Violation of Company Rules or Policies
	-1-4	Case Law and Commission Cases
V-320		Burden of Proof/Procedure