2-406 EMPLOYER RULES AND PRACTICES
18-AT-08514-BR - The claimant was discharged after being charged with a DUI which resulted in a revocation of his driver’s license. The employer discharged the claimant based on its policy which states that suspension or dismissal may occur if an employee receives “ A DUI conviction which leads to a felony conviction OR revocation of a driver’s license OR other vehicular convictions which lead to revocation, suspension, non-renewal or uninsurability for any employee who drives a District-owned vehicle.” Thus, the claimant violated the employer’s written policy, and his discharge was for misconduct.
18-AT-04867-BR – The claimant was warned for violation of the employer’s policy when he allowed staff to use his register card. A few days after the warning, the employer decided his actions warranted termination. Section 2-406 does not require a warning as long as the claimant knew or should have known that a policy was being violated. Thus, the claimant’s violation of the employer’s policy, of which he was aware, amounts to misconduct.
18-AT-04530- BR – The claimant’s failure to call in and report her absences due to illness, causing her to exceed the allowable number of attendance points, was within her control and was violation of a known and reasonable policy. Misconduct found.
18-AT-02798-BR – The claimant was warned for failure to complete a state-mandated task, costing the employer a large loss of funding. The Hearing Officer ruled that a subsequent decision to terminate an employee, for the same infraction they received previous discipline for, was not misconduct. The Board of Review finds no statute, policy or precedent case that says that. An employer is not obligated to give an employee a warning for the employee’s actions to amount to misconduct. The claimant’s failure to complete a critical task was a substantial breach of her job duties and a neglect of the duties required of her. Thus, the claimant was discharged for misconduct.
18-AT-02761-BR – The claimant mistakenly transposed an inventory count into the employer’s computer system, leading to an error in the employer’s stated inventory. The claimant’s actions do not amount to misconduct when no evidence was presented to show the employer suffered monetarily, or that the mistake was intentional or reckless.
17-AT-00260-BR- Claimant's isolated mistake in preparing a surgical consent form which was not Medicaid approved, resulting in a loss of money for her employer, was not an intentional, malicious, dishonest, or material breach of her duties and thus not misconduct.
16-AT-12548-BR- Claimant’s one-time failure to follow the Employer’s policy to honk the horn of his forklift every time he went around a corner was a mistake and did not rise to the level of misconduct.
16-AT-012050-BR- An isolated incident of failure to wear required uniform by an employee who had worked for the employer for nine years does not rise to the level of misconduct as defined in Section 2-406(B).
16-AT-08485 BR- Claimant's failure to follow the employer's written policy regarding wire transfers was a breach of her job duties, responsibilities and obligations; discharged for misconduct.
16-AT-08409-UCFE-BR- Claimant was charged with four criminal charges which were not job related. The employer denied the claimant access to the workplace as a result. Because the claimant was discharged before the charges were tried or substantiated, the claimant was discharged not for misconduct.
16-AT-3082 BR - Sheriff's arrest for DUI and violation of Employer's Code of Conduct which required him to follow all laws reflected negatively on the Sheriff's office; discharged for misconduct.
15-AT-11075 BR - Claimant’s clocking-in of coworker was not in violation of employer rules