39-51-2113. Benefit ineligibility for suspension. (1) An individual who files for benefits during a disciplinary suspension is ineligible to receive benefits for 2 weeks or until the suspension ends, whichever occurs first.

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Terms Used In Montana Code 39-51-2113

  • 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
  • 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

(2)Ineligibility based upon a disciplinary suspension may not be imposed for any week beginning after the second week of the suspension. If the individual remains suspended, the individual must be considered discharged for purposes of unemployment insurance. The department shall determine whether the discharge constitutes misconduct under 39-51-2303.