Ch. 529                                    1995 LAWS OF MARYLAND

Article - Labor and Employment

8-611.

(e) The Secretary may not charge benefits paid to a claimant against the earned
rating record of an employing unit if:

(1) the claimant left employment voluntarily without good cause attributable
to the employing unit;

(2) the claimant was discharged by the employing unit for gross misconduct
as defined in § 8-1002 of this title;

(3) THE CLAIMANT WAS DISCHARGED BY THE EMPLOYING UNIT FOR
AGGRAVATED MISCONDUCT AS DEFINED IN § 8-1002.1 OF THIS TITLE;

[(3)](4) the claimant left employment voluntarily to accept better
employment or enter training approved by the Secretary; or

[(4)](5) the employing unit participates in a work release program that is
designed to give an inmate of a correctional institution an opportunity to work while
imprisoned and unemployment was the result of the claimant's release from prison.

[8-803.l.

For purposes of determining the weekly benefit amount in any benefit year under §
8-803 of this subtitle, the wages which were paid to an individual for covered employment
do hot include any wages paid to the individual by a base period employer against whom
the individual has committed aggravated misconduct that has resulted in a
disqualification from receiving benefits under § 8-1002.1 of this title during any benefit
year.]

[8-1002.1.

(a) (1) In this section, "aggravated misconduct" means intentional conduct by
an employee in the workplace that results in:

(i) a physical assault upon or bodily injury to the employer, fellow
employees, subcontractors, invitees of the employer, members of the public, or the
ultimate consumer of the employer's product or services; or

(ii) property loss or damage to the property of the employer, fellow
employees, subcontractors, invitees of the employer, members of the public, or the
ultimate consumer of the employer's product or services BEHAVIOR OF A MALICIOUS
INTENT AFFECTING THE EMPLOYER. FELLOW EMPLOYEES, SUBCONTRACTORS,
INVITEES OF THE EMPLOYER. MEMBERS OF THE PUBLIC. OR THE ULTIMATE
CONSUMER OF THE EMPLOYER'S PRODUCT OR SERVICES THAT CONSISTS OF EITHER
PHYSICAL ASSAULT OR PROPERTY DAMAGE SO HEINOUS THAT THE PENALTIES OF
MISCONDUCT OR GROSS MISCONDUCT WOULD NOT BE SUFFICIENT BEHAVIOR
COMMITTED WITH ACTUAL MALICE AND DELIBERATE DISREGARD FOR THE PROPERTY,
SAFETY, OR LIFE OF OTHERS THAT:

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