Ariz. Admin. Code § 6-3-51310

Current through Register Vol. 30, No. 44, November 1, 2024

Section R6-3-51310 - Neglect of Duty (misconduct 310)

A. Duties not discharged (Misconduct 310.1)

1. When an employee is given certain tasks to do, an employer may expect that such duties will be performed in accordance with the ability of the worker. Failure to complete assigned work will be considered the same as improper completion of work. The reason(s) for the nonperformance or improper performance will determine whether there was misconduct.

2. A worker discharged for failing to do work which he could reasonably have been able to do or who does work improperly without reasonable excuse, is discharged for misconduct. Important considerations are:

a. The worker's knowledge and understanding of his responsibilities, and

b. The extent of his opportunity and ability to do his work properly.

B. Personal comfort and convenience (Misconduct 310.15)

1. Loafing, as distinguished from inability to maintain a production requirement, must be considered in the light of the employee's past record and previous warnings.

2. Sleeping on the job is generally considered to be misconduct connected with the work. However, sleeping on the job may not establish misconduct, such as when:

a. The claimant's sleeping was caused by an unusual circumstance, such as a lengthy period of work; or

b. Drowsiness induced by medically prescribed drugs.

C. Temporary cessation of work (Misconduct 310.2)

1. Unauthorized cessation of work, for reasons within the control of the employee, and for inadequate cause, is considered misconduct connected with the work.

2. Employees need certain personal time during working hours. Temporary cessation of work for such purposes is generally not misconduct. However, failure to follow rules and procedures concerning leaving work area may be misconduct. The reasonableness of the worker's action under the specific circumstances will determine whether the act is misconduct.

Ariz. Admin. Code § R6-3-51310

Former Rule number Misconduct 310. - 310.2. Former Rule repealed, new Section R6-3-51310 adopted effective January 24, 1977 (Supp. 77-1).