News & Information

CCH® UNEMPLOYMENT INSURANCE — 4/30/15

Oklahoma amends its UI law regarding misconduct, experience rating

Oklahoma has amended its Employment Security Act as follows:

Misconduct. Acts which constitute misconduct are limited to: Unapproved or excessive absenteeism or tardiness; indifference to, breach of, or neglect of the duties required, which results 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 the individual or others; dishonesty; wrongdoing; violation of a law; or a violation of a policy or rule enacted to ensure orderly and proper job performance for the safety of the individual or others.

Note that any such misconduct violation does not require a prior warning from the employer as long as the employee knew, or should have reasonably known, that a rule or policy of the employer was violated. Additionally, any finding by a state or federal agency of any failure by the employee to meet the applicable civil, criminal or professional standards of the employee’s profession creates a rebuttable presumption of such misconduct, and benefits will be denied, unless the employee can show, with clear and convincing evidence, that the misconduct did not occur, or the Commission determines that the failure did not constitute misconduct.

Experience rating. When an individual is paid benefits for the fifth week of unemployment in a benefit year, his or her wages during the base period are termed “benefit wages.” For experience-rating purposes, these benefit wages are treated as though they were paid in the quarter in which the fifth compensable week of unemployment benefits were paid.