§ 28-44-18 - Discharge for misconduct.
SECTION 28-44-18
§ 28-44-18 Discharge for misconduct.– An individual who has been discharged for proved misconduct connected with hisor her work shall become ineligible for waiting period credit or benefits forthe week in which that discharge occurred and until he or she establishes tothe satisfaction of the director that he or she has, subsequent to thatdischarge, had at least eight (8) weeks of work, and in each of that eight (8)weeks has had earnings of at least twenty (20) times the minimum hourly wage asdefined in chapter 12 of this title for performing services in employment forone or more employers subject to chapters 42 – 44 of this title. Anyindividual who is required to leave his or her work pursuant to a plan, system,or program, public or private, providing for retirement, and who is otherwiseeligible, shall under no circumstances be deemed to have been discharged formisconduct. If an individual is discharged and a complaint is issued by theregional office of the National Labor Relations board or the state laborrelations board that an unfair labor practice has occurred in relation to thedischarge, the individual shall be entitled to benefits if otherwise eligible.For the purposes of this section, "misconduct" is defined as deliberate conductin willful disregard of the employer's interest, or a knowing violation of areasonable and uniformly enforced rule or policy of the employer, provided thatsuch violation is not shown to be as a result of the employee's incompetence.Notwithstanding any other provisions of chapters 42 – 44 of this title,this section shall be construed in a manner that is fair and reasonable to boththe employer and the employed worker.