Okla. Stat. tit. 40, § 40-2-406

DISCHARGE FOR MISCONDUCT.

A. An individual shall be disqualified for benefits if the

individual has been discharged for misconduct connected with the

individual's last work. If discharged for misconduct, the employer

shall have the burden to prove that the employee engaged in

misconduct as defined by this section. Such burden of proof is

satisfied by the employer, or its designated representative,

providing a signed affidavit, or presenting such other evidence

Oklahoma Statutes - Title 40. Labor Page 66

which properly demonstrates the misconduct which resulted in the

discharge. Once this burden is met, the burden then shifts to the

discharged employee to prove that the facts are inaccurate or that

the facts as stated do not constitute misconduct as defined by this

section. Disqualification under this section shall continue for the

full period of unemployment next ensuing after the employee has been

discharged for misconduct connected with the employee's work and

until such individual has become reemployed and has earned wages

equal to or in excess of ten (10) times the weekly benefit amount.

B. Acts which constitute misconduct under this section shall be

limited to the following:

1. Any intentional act or omission by an employee which

constitutes a material or substantial breach of the employee's job

duties or responsibilities or obligations pursuant to the employee's

employment or contract of employment;

2. Unapproved or excessive absenteeism or tardiness;

3. Indifference to, breach of or neglect of the duties required

which result in a material or substantial breach of the employee’s

job duties or responsibilities;

4. Acts or omissions that place in jeopardy the health, life,

or property of self or others;

5. Dishonesty;

6. Wrongdoing;

7. Violation of a law; or

8. A violation of a policy or rule enacted to ensure orderly

and proper job performance or for the safety of self or others.

C. Any misconduct violation as defined in subsection B of this

section shall not require a prior warning from the employer. As

long as the employee knew, or should have reasonably known, that a

rule or policy of the employer was violated, the employee shall not

be eligible for benefits.

D. Any finding by a state or federal agency of any failure by

the employee to meet the applicable civil, criminal or professional

standards of the employee's profession shall create a rebuttable

presumption of such misconduct, and benefits shall be denied, unless

the employee can show, with clear and convincing evidence, that such

misconduct did not occur, or the Commission determines that such

failure did not constitute misconduct as defined herein.