Indiana Code 22-4-15-6.1. Gross misconduct
(b) As used in this section, “gross misconduct” means any of the following committed in connection with work, as determined by the department by a preponderance of the evidence:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 22-4-15-6.1
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxication caused by the individual’s use of alcohol or a controlled substance (as defined in IC 35-48-1-9).
(4) Battery on another individual while on the employer’s property or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) If evidence is presented that an action or requirement of the employer may have caused the conduct that is the basis for the employee’s discharge, the conduct is not gross misconduct under this section.
(d) Lawful conduct not otherwise prohibited by an employer is not gross misconduct under this section.
As added by P.L.1-1991, SEC.151. Amended by P.L.175-2009, SEC.25; P.L.121-2014, SEC.14.