An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana
Sec. 1. 26 MRSA §1043, sub-§23, ¶A, as enacted by PL 1999, c. 464, §2, is amended to read:
(1) Refusal, knowing failure or recurring neglect to perform reasonable and proper duties assigned by the employer;
(2) Unreasonable violation of rules that are reasonably imposed and communicated and equitably enforced;
(3) Unreasonable violation of rules that should be inferred to exist from common knowledge or from the nature of the employment;
(4) Failure to exercise due care for punctuality or attendance after warnings;
(5) Providing false information on material issues relating to the employee's eligibility to do the work or false information or dishonesty that may substantially jeopardize a material interest of the employer;
(6) Intoxication while on duty or when reporting to work or unauthorized use of alcohol while on duty;
(7) Using illegal drugs or being under the influence of such drugs or marijuana while on duty or when reporting to work;
(8) Unauthorized sleeping while on duty;
(9) Insubordination or refusal without good cause to follow reasonable and proper instructions from the employer;
(10) Abusive or assaultive behavior while on duty, except as necessary for self-defense;
(11) Destruction or theft of things valuable to the employer or another employee;
(12) Substantially endangering the safety of the employee, coworkers, customers or members of the public while on duty;
(13) Conviction of a crime in connection with the employment or a crime that reflects adversely on the employee's qualifications to perform the work; or
(14) Absence for more than 2 work days due to incarceration for conviction of a crime.
summary
This bill clarifies that an individual whose employment is terminated because of the individual's being under the influence of marijuana while on duty or when reporting to work is disqualified from unemployment benefits, as is currently the case for alcohol and illegal drugs.