Montana Code 39-51-2303. Disqualification for discharge due to misconduct
39-51-2303. Disqualification for discharge due to misconduct. An individual must be disqualified for benefits after being discharged:
Terms Used In Montana Code 39-51-2303
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
- Gross misconduct: means a criminal act, other than a violation of a motor vehicle traffic law, for which an individual has been convicted in a criminal court or has admitted or conduct that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of a fellow employee or the employer. See Montana Code 39-51-201
- Misconduct: includes but is not limited to the following conduct by an employee:
(i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:
(A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, 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 criminal history, work record, or 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 the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201
- Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
- Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201
(1)for misconduct connected with the individual’s work or affecting the individual’s employment until the individual has performed services:
(a)for which remuneration is received equal to or in excess of eight times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and
(b)that constitute employment as defined in 39-51-203 and 39-51-204;
(2)for gross misconduct connected with the individual’s work or committed on the employer’s premises, as determined by the department, for a period of 52 weeks; or
(3)for failure to pass or refusal to take a drug test in violation of an employer’s written workplace drug policy, if the testing procedures comply with federal drug testing statutes and administrative regulations applicable to private sector employers and employees as provided in Title 39, chapter 2. This subsection does not apply to a drug test for marijuana or marijuana products that was administered to an individual who is a registered cardholder under Title 16, chapter 12, part 5.