(1) An individual shall be disqualified for benefits for the week in which he or she has been discharged for misconduct connected with his or her work, if so found by the commissioner, and for the fourteen weeks immediately thereafter.
(2) If the commissioner finds that the individual was discharged for misconduct that was not gross, flagrant, and willful or unlawful but which included being under the influence of any intoxicating beverage or any controlled substance listed in section 28-405 not prescribed by a physician licensed to practice medicine or surgery while the individual is on the worksite or while the individual is engaged in work for the employer, the commissioner shall cancel all wage credits earned as a result of employment with the discharging employer.
(3) If the commissioner finds that the individual’s misconduct was gross, flagrant, and willful, or was unlawful, the commissioner shall totally disqualify such individual from receiving benefits with respect to wage credits earned prior to discharge for such misconduct.
Notes of Decisions
Wright v. Sw. Airlines Co., 2 N.W.3d 186 (Neb. 2024).
· cites it 26× “The question of whether an employee was “discharged for misconduct connected with his or her work” under Neb. Rev. Stat. § 48-628.10 (Reissue 2021) is a mixed question of law and fact.”
Pinnacle Bancorp v. Moritz, 987 N.W.2d 277 (Neb. 2023).
· cites it 16× “Stat. § 48-628.10 (Reissue 2021), includes behavior which evidences (1) wanton and willful disregard of the employer’s interests, (2) deliberate violation of rules, (3) disregard of standards of behavior which the employer can rightfully expect from the employee, or (4)…”
Badawi v. Albin, 973 N.W.2d 714 (Neb. 2022).
· cites it 19× “Rev. Stat. § 48-628.10 (Reissue 2021). 5. Employment Security.”
Sheehy v. Albin, No. A-22-450 (Neb. Ct. App. Jan. 31, 2023).
· cites it 5× “10 (Reissue 2021) provides in relevant part that “[a]n individual shall be disqualified for benefits for the week in which he or she has been discharged for misconduct connected with his or her work, if so found by the commissioner, and for the fourteen weeks immediately…”
Neb. Rev. Stat. § 48-628.10(1): 2 cases
Wright v. Sw. Airlines Co., 2 N.W.3d 186 (Neb. 2024).
“The question of whether an employee was “discharged for misconduct connected with his or her work” under Neb. Rev. Stat. § 48-628.10 (Reissue 2021) is a mixed question of law and fact.”
Badawi v. Albin, 973 N.W.2d 714 (Neb. 2022).
“Rev. Stat. § 48-628.10 (Reissue 2021). 5. Employment Security.”
Neb. Rev. Stat. § 48-628.10(3): 2 cases
Pinnacle Bancorp v. Moritz, 987 N.W.2d 277 (Neb. 2023).
“Stat. § 48-628.10 (Reissue 2021), includes behavior which evidences (1) wanton and willful disregard of the employer’s interests, (2) deliberate violation of rules, (3) disregard of standards of behavior which the employer can rightfully expect from the employee, or (4)…”
Badawi v. Albin, 973 N.W.2d 714 (Neb. 2022).
“Rev. Stat. § 48-628.10 (Reissue 2021). 5. Employment Security.”
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