AB 366

This bill makes various changes in the unemployment insurance (UI) law.

Significant provisions include:

Misconduct, absenteeism, and tardiness

Under current law, effective January 5, 2014, if an employee is discharged for

misconduct connected with his or her employment, the employee is ineligible to

receive UI benefits until seven weeks have elapsed since the end of the week in which

the discharge occurs and the employee earns wages, or certain other amounts treated

as wages, after the week in which the discharge occurs, equal to at least 14 times the

employee's weekly benefit rate in employment covered by the UI law of any state or

the federal government. In addition, all wages earned with the employer that

discharges the employee are excluded in determining the amount of any future

benefits to which the employee is entitled. The law defines "misconduct" to mean one

or more actions or conduct evincing such willful or wanton disregard of an employer's

interests as is found in deliberate violations or disregard of standards of behavior

which an employer has the right to expect of his or her employees, or in carelessness

or negligence of such degree or recurrence as to manifest culpability, wrongful intent,

or evil design of equal severity to such disregard, or to show an intentional or

substantial disregard of an employer's interests, or of an employee's duties and

obligations to his or her employer. Under the law, "misconduct" specifically includes

absenteeism by an employee on more than two occasions within the 120-day period

before the date of the employee's termination, unless otherwise specified by his or her

employer in an employment manual of which the employee has acknowledged receipt

with his or her signature, or excessive tardiness by an employee in violation of a

policy of the employer that has been communicated to the employee, if the employee

does not provide his or her employer with both notice and one or more valid reasons

for the absenteeism or tardiness. In addition, "misconduct" specifically includes 1)

a violation of an employer's reasonable written policy concerning the use of alcohol

beverages, a controlled substance (dangerous drug), or a controlled substance analog

(a drug that is similar to a controlled substance); 2) theft of an employer's property

or services under certain circumstances; 3) conviction of an employee of a crime or

civil violation under certain circumstances; 4) threats or acts of harassment, assault,

or other physical violence at a workplace; 5) falsifying an employer's business records

unless directed the employer; and 6) unless directed by the employer, a willful and

deliberate violation of a governmental standard or regulation under certain

circumstances. In addition, currently, an employee whose work is terminated by his

or her employer for "substantial fault" by the employee connected with the

employee's work is ineligible to receive benefits until seven weeks have elapsed since

the end of the week in which the termination occurs and the employee earns wages,

or certain other amounts treated as wages, after the week in which the termination

occurs equal to at least 14 times the employee's weekly benefit rate in employment