Florida Regulations 73B-11.020: Determinations Regarding Discharge for Misconduct
Current as of: 2024 | Check for updates
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When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:
(1) Extreme misconduct will warrant 27 to 52 weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work.
(2) Serious misconduct will warrant 13 to 26 weeks of disqualification. Serious misconduct consists of the following:
(a) Misdemeanor violations of the law, such as assault or disorderly conduct, that occur in connection with work;
(b) Reporting to work under the improper influence of alcohol or drugs, or improper use of alcohol or drugs at work;
(c) Willful, intentional or repeated carelessness or negligence in the performance of work which results in damage to equipment or material or jeopardizes the safety of others; or
(d) Dishonest acts, such as lying, falsification of attendance records and misrepresentation of prior employment history.
(3) General misconduct in connection with work will warrant 1 to 12 weeks of disqualification. General misconduct consists of all other misconduct, as that term is defined in Florida Statutes § 443.036(29), that is not addressed in subsections (1) and (2) of this rule. Examples of general misconduct are:
(a) Conflicts on the job for which the claimant is partially or totally responsible and which affect job performance of the claimant or other employees;
(b) Chronic or unauthorized absenteeism or tardiness over which the claimant has control;
(c) Conducting unauthorized personal activities during working hours;
(d) Refusing to carry out or violating reasonable, lawful instructions; or
(e) Violating reasonable and lawful company rules, after warning.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036(29), 443.101(1)(b), (9) FS. History-New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Formerly 60BB-3.020.
(1) Extreme misconduct will warrant 27 to 52 weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work.
(2) Serious misconduct will warrant 13 to 26 weeks of disqualification. Serious misconduct consists of the following:
(a) Misdemeanor violations of the law, such as assault or disorderly conduct, that occur in connection with work;
(b) Reporting to work under the improper influence of alcohol or drugs, or improper use of alcohol or drugs at work;
(c) Willful, intentional or repeated carelessness or negligence in the performance of work which results in damage to equipment or material or jeopardizes the safety of others; or
(d) Dishonest acts, such as lying, falsification of attendance records and misrepresentation of prior employment history.
(3) General misconduct in connection with work will warrant 1 to 12 weeks of disqualification. General misconduct consists of all other misconduct, as that term is defined in Florida Statutes § 443.036(29), that is not addressed in subsections (1) and (2) of this rule. Examples of general misconduct are:
(a) Conflicts on the job for which the claimant is partially or totally responsible and which affect job performance of the claimant or other employees;
(b) Chronic or unauthorized absenteeism or tardiness over which the claimant has control;
(c) Conducting unauthorized personal activities during working hours;
(d) Refusing to carry out or violating reasonable, lawful instructions; or
(e) Violating reasonable and lawful company rules, after warning.
Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036(29), 443.101(1)(b), (9) FS. History-New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Formerly 60BB-3.020.