APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, HON. SHARRON BUBENIK, TRIAL JUDGE.
EMPLOYEE WAS DISCHARGED AFTER MISSING WORK FOR TWO DAYS BECAUSE HE WAS IN JAIL FOR DRIVING WITHOUT A LICENSE. TRIAL COURT AFFIRMED THE AWARD OF UNEMPLOYMENT BENEFITS TO HIM. EMPLOYER APPEALS CONTENDING THAT EMPLOYEE KNOWINGLY DROVE WITHOUT A LICENSE AND THAT WAS DISQUALIFYING MISCONDUCT.
EMPLOYER ARGUES THAT PATTERSON'S ACTIONS WERE SUFFICIENTLY CULPABLE SO THAT HIS UNEMPLOYMENT STATUS CANNOT BE SAID TO BE THROUGH NO FAULT OF HIS OWN. IN ORDER FOR OFF DUTY ACTION TO CONSTITUTE DISQUALIFYING MISCONDUCT, THE ACTION MUST, EVEN THOUGH OUTSIDE THE COURSE OF EMPLOYMENT, DIRECTLY AND ADVERSELY IMPACT ON THE EMPLOYER'S INTERESTS. BEING INCARCERATED FOR A TRAFFIC VIOLATION TOTALLY UNRELATED TO EMPLOYMENT, AND NOT BEING ABLE TO SECURE RELEASE EITHER THROUGH A DISPOSITION OF THE CHARGE OR BY BAIL, IS NOT ACTION THAT DIRECTLY AND ADVERSELY IMPACTS AN EMPLOYER'S INTERESTS, EITHER IN GENERAL OR UNDER THE FACTS OF THIS CASE.
WE CONCLUDE THAT SUCH AN UNDERLYING VIOLATION AND INCARCERATION ARE NOT DISQUALIFYING MISCONDUCT, CULPABILITY OR FAULT AFFECTING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION. AFFIRMED ( REIF )