Haw. Code R. § 12-5-51 - Suspension or discharge for misconduct
(a) A discharge
occurs when an employer is the "moving party" in the termination of the
employment relationship.
(b) A
suspension occurs when the employer takes action to refuse work and
remuneration to an employee without terminating the employment
relationship.
(c) Misconduct
connected with work consists of actions which show a wilful or wanton disregard
of the employer's interests, such as deliberate violations of or deliberate
disregard of the standards of behavior which the employer has a right to expect
of an employee, or carelessness, or negligence of such a degree or recurrence
as to show wrongful intent or evil design. Mere inefficiency, unsatisfactory
conduct, poor performance because of inability or incapacity, isolated
instances of ordinary negligence or inadvertence, or good-faith errors in
judgment or discretion are not misconduct. The misconduct shall be related to
the work of the individual or the individual's status as an employee.
(d) In determining whether an individual's
act constituted "misconduct" the department shall consider any relevant
evidence presented which relates to:
(1)
Employee's reasons for the act or omission, and efforts to avoid the act or
failure to act;
(2) The relevant
circumstances of the case and any causative effect therefrom upon the
employee's actions;
(3) The nature
and importance to the employer of the offended interest of the
employer;
(4) Any lawful and
reasonable company policy or custom;
(5) Employer's actions to curtail or prevent,
if possible, the objectionable conduct; and
(6) The nature of the act or failure to
act.
(e) Situations
where misconduct may be found include, but are not limited to, the following
where the evidence demonstrates:
(1)
Unexcused absence or recurring unexcused tardiness; or
(2) Altercation at work; or
(3) Material false representations by the
employee to the employer; or
(4)
Employee's gross neglect of duty; or
(5) Employee's wilful disobedience of
employer's directives or employee's insubordination; or
(6) Intentional conversion of employer's
property by the employee; or
(7)
Employee's unauthorized use of intoxicants on the job; or
(8) Employee's wilful and substantial abuse
of the employer's equipment or property.
Notes
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