Feagin v. Everett
In Feagin v. Everett, 9 Ark. App. 59, 652 S.W.2d 839 (1983) the Court adopted the test for determining when an employee's off-duty activities constitute misconduct in connection with work so as to render him ineligible for unemployment benefits.
First, there must be a nexus between the employee's work and his off-duty activities. Id. at 69, 652 S.W.2d at 845. Second, the employee's off-duty activities must have harmed his employer's interests. Id. at 70, 652 S.W.2d at 845.
Finally, the employee's conduct must have violated some code of behavior between the employee and the employer, and the violative behavior must have been performed with the intent or knowledge that the employer's interests would suffer. Id. at 71, 652 S.W.2d at 845-46. The code of behavior need not be a formal written contract, but may consist of reasonable rules and regulations of which the employee had knowledge and was expected to follow. Id., 652 S.W.2d at 846.