Bill Text: IA SF2354 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning disqualification from eligibility for unemployment benefits due to discharge for misconduct. (Formerly SF 2110.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Labor and Business Relations. S.J. 693. [SF2354 Detail]
Download: Iowa-2017-SF2354-Introduced.html
Senate File 2354 - Introduced SENATE FILE BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SF 2110) A BILL FOR 1 An Act concerning disqualification from eligibility for 2 unemployment benefits due to discharge for misconduct. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5018SV (3) 87 je/rj PAG LIN 1 1 Section 1. Section 96.5, subsection 2, Code 2018, is amended 1 2 by adding the following new paragraph: 1 3 NEW PARAGRAPH. 0b. Misconduct is deemed to have occurred 1 4 in circumstances including but not limited to any of the 1 5 following: 1 6 (1) Falsification by the individual of an employment 1 7 application or any other documentation provided to the employer 1 8 in order to obtain employment through subterfuge. 1 9 (2) Failure by the individual to maintain any license, 1 10 registration, or certification that is reasonably required 1 11 by the employer, or that is required by law, to perform the 1 12 individual's regular job duties, unless the failure is not 1 13 within the control of the individual. 1 14 (3) Disregard by the individual of the employer's 1 15 interests, of the individual's duties or obligations to the 1 16 employer, or of the individual's duties or obligations under 1 17 the employer's employment policies. 1 18 (4) Damage by the individual of the employer's property 1 19 through conduct that is grossly negligent. 1 20 (5) Refusal by the individual to obey an employer's 1 21 reasonable and lawful instruction, unless the refusal is due to 1 22 the lack of ability, skills, or training of the individual or 1 23 the instruction would require an unsafe act. 1 24 (6) Consumption by the individual of alcohol or illegal 1 25 or nonprescribed prescription drugs, or use by the individual 1 26 of an impairing substance in an off=label manner, on the 1 27 employer's premises during working hours in violation of the 1 28 employer's employment policies. 1 29 (7) Reporting to work under the influence of alcohol, 1 30 illegal or nonprescribed prescription drugs, or an impairing 1 31 substance used in an off=label manner, in violation of 1 32 the employer's employment policies, unless the individual 1 33 is compelled to report to work by the employer outside of 1 34 scheduled or on=call working hours and informs the employer 1 35 prior to or upon arrival at the workplace that the individual 2 1 is under the influence of alcohol, illegal or nonprescribed 2 2 prescription drugs, or an impairing substance used in an 2 3 off=label manner in violation of the employer's employment 2 4 policies. 2 5 (8) Grossly negligent conduct by the individual that 2 6 endangers the safety of the individual, coworkers, or the 2 7 general public. 2 8 (9) Conduct by the individual that is defamatory toward the 2 9 employer or an employee of the employer if such conduct is not 2 10 protected under federal or state law. 2 11 Sec. 2. Section 96.6, subsection 2, Code 2018, is amended 2 12 to read as follows: 2 13 2. Initial determination. A representative designated by 2 14 the director shall promptly notify all interested parties to 2 15 the claim of its filing, and the parties have ten days from 2 16 the date of mailing the notice of the filing of the claim by 2 17 ordinary mail to the last known address to protest payment of 2 18 benefits to the claimant. The representative shall promptly 2 19 examine the claim and any protest, take the initiative to 2 20 ascertain relevant information concerning the claim, and, on 2 21 the basis of the facts found by the representative, shall 2 22 determine whether or not the claim is valid, the week with 2 23 respect to which benefits shall commence, the weekly benefit 2 24 amount payable and its maximum duration, and whether any 2 25 disqualification shall be imposed. The claimant has the burden 2 26 of proving that the claimant meets the basic eligibility 2 27 conditions of section 96.4. The employer has the burden of 2 28 proving that the claimant is disqualified for benefits pursuant 2 29 to section 96.5, except as provided by this subsection. The 2 30 claimant has the initial burden to produce evidence showing 2 31 that the claimant is not disqualified for benefits in cases 2 32 involving section 96.5, subsections 10 and 11, and has the 2 33 burden of proving that a voluntary quit pursuant to section 2 34 96.5, subsection 1, was for good cause attributable to the 2 35 employer and that the claimant is not disqualified for benefits 3 1 in cases involving section 96.5, subsection 1, paragraphs 3 2 "a" through "h". When making a determination as to whether 3 3 a claimant is disqualified for benefits pursuant to section 3 4 96.5, subsection 2, the representative shall not consider 3 5 whether, to what extent, or in what manner an employer imposed 3 6 disciplinary action upon the claimant for any past misconduct 3 7 by the claimant. Unless the claimant or other interested 3 8 party, after notification or within ten calendar days after 3 9 notification was mailed to the claimant's last known address, 3 10 files an appeal from the decision, the decision is final 3 11 and benefits shall be paid or denied in accordance with the 3 12 decision. If an administrative law judge affirms a decision of 3 13 the representative, or the appeal board affirms a decision of 3 14 the administrative law judge allowing benefits, the benefits 3 15 shall be paid regardless of any appeal which is thereafter 3 16 taken, but if the decision is finally reversed, no employer's 3 17 account shall be charged with benefits so paid and this relief 3 18 from charges shall apply to both contributory and reimbursable 3 19 employers, notwithstanding section 96.8, subsection 5. 3 20 Sec. 3. CONFLICTING DECISIONS VOID. A decision or ruling 3 21 by the department of workforce development or a court, or any 3 22 portion thereof, pertaining to misconduct pursuant to section 3 23 96.5, subsection 2, occurring on or after the effective date 3 24 of this Act, is void to the extent such decision or ruling 3 25 conflicts with section 96.5, subsection 2, paragraph "0b", as 3 26 enacted in this Act. 3 27 EXPLANATION 3 28 The inclusion of this explanation does not constitute agreement with 3 29 the explanation's substance by the members of the general assembly. 3 30 Under current law, an individual is disqualified from 3 31 eligibility for unemployment benefits if the department of 3 32 workforce development finds that the individual has been 3 33 discharged for misconduct in connection with the individual's 3 34 employment. "Misconduct" is defined by the department by rule. 3 35 This bill provides that misconduct is deemed to have 4 1 occurred in circumstances including but not limited to certain 4 2 circumstances specified in the bill, some of which include 4 3 falsification of an employment application or any other 4 4 documentation provided to the employer in order to obtain 4 5 employment through subterfuge; failure to maintain any required 4 6 license, registration, or certification; and damage by the 4 7 individual of the employer's property through conduct that is 4 8 grossly negligent. 4 9 The bill also prohibits the department from considering 4 10 whether, to what extent, or in what manner an employer imposed 4 11 disciplinary action upon an individual for any past misconduct 4 12 by the individual when making a determination as to whether the 4 13 individual is disqualified for benefits due to being discharged 4 14 for misconduct. LSB 5018SV (3) 87 je/rj
