Section 67 Unpreventable Employee Misconduct
| Library | Employer-Employee Law 2008 |
To establish the affirmative defense of employee misconduct, an employer must show that it has:
- established work rules designed to prevent reasonably anticipated violative conditions
- adequately communicated the work rules to its employees
- taken steps to discover violations of the rules; and
- effectively enforced the work rules when violations have been discovered
Sec’y of Labor v. Fishel Co., OSHRC Docket No. 97-102, 1998 WL 558885, 18 O.S.H. Cas. (BNA) 1530 (OSHRC Aug. 28, 1998); Sec’y of...
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