WAC 192-150-220   Discharges for gross misconduct -- Definitions -- Canceling wage credits.  (1) Definitions.

     (a) "Criminal act" means every action defined as a crime by the applicable state or federal statutes, including felonies and gross misdemeanors.

     (b) "Felony" means every crime that is defined as such by the applicable state or federal statutes.

     (c) "Gross misdemeanor" means every crime which is defined as such by the applicable state or federal statutes.

     (d) A "competent authority" is:

     (i) A court (including magistrate or court commissioner), prosecuting attorney, or law enforcement agency; or

     (ii) An administrative law judge; or

     (iii) A regulatory agency or professional association charged by law with maintaining professional standards or codes of conduct; or

     (iv) Any other person or body, other than your employer, with authority to administer disciplinary action against you.

     (e) An admission to your employer or to an employee of the department that you have committed a criminal act is not considered an admission to a competent authority for the purposes of RCW 50.20.066.

     (2) Canceling wage credits.

     (a) If you have been discharged for gross misconduct connected with your work:

     (i) The department will cancel all your hourly wage credits based on that employment since the beginning of your base period;

     (ii) If your wage credits with this employer are fewer than 680 hours, the balance of wage credits up to 680 hours will be canceled proportionately among your base period employers according to each employer's share of your base period wages. Wages from each employer will be removed from the most recent quarter in which wages were reported.

     (b) Wage credits may only be canceled based upon an admission of a criminal act if:

     (i) You admit to each and every element of a criminal act which caused you to be discharged; and

     (ii) The admission is made to a competent authority.



[Statutory Authority: RCW 50.12.010 and 50.12.040. 07-22-055, § 192-150-220, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. 05-01-076, § 192-150-220, filed 12/9/04, effective 1/9/05.]