§ 22-4-15-6.1 — Gross misconduct

Indiana § 22-4-15-6.1

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 15: Disqualification for Benefits

Text

1. (a) Notwithstanding any other provisions
of this article, all of the individual's wage credits established prior to
the day upon which the individual was discharged for gross misconduct
in connection with work are canceled.
(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:
(1) A felony.
(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 35-48-1.1-7), or consuming alcohol or a
controlled substance (as defined in IC 35-48-1.1-7) on the
employer's premises without employer permission.
(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.

Legislative History

As added by P.L.1-1991, SEC.151. Amended by P.L.175-2009, SEC.25; P.L.121-2014, SEC.14; P.L.186-2025, SEC.122; P.L.200-2025, SEC.20.