(a) An individual
shall be disqualified for benefits for voluntarily leaving work without good
cause.
(b) A separation is a
voluntary leaving or quitting when the facts and circumstances demonstrate that
a claimant is the "moving party" in the termination of an employment
relationship.
(c) Generally, a
leaving of work is considered to be for good cause where it is for a real,
substantial, or compelling reason, or a reason which would cause a reasonable
and prudent worker, genuinely and sincerely desirous of maintaining employment,
to take similar action. Such a worker is expected to try reasonable
alternatives before terminating the employment relationship.
Good cause for leaving employment may be found where there
is:
(1) Change in working conditions
and the change is prejudicial or detrimental to the health, safety, or morals
of the individual;
(2) Change in
terms and conditions of employment, including, but not limited to: change in
rate of pay, position or grade, duties, days of work, or hours of
work;
(3) Discrimination which
violates federal or state laws regarding equal employment opportunity
practices;
(4) Change in the
individual's marital or domestic status;
(5) Acceptance of a definite, firm offer made
of other employment where the offer is subsequently withdrawn and the former
employer refuses to rehire the individual;
(6) Retirement under a mandatory requirement
imposed by a collective bargaining agreement;
(7) Evidence that the individual was a victim
of domestic or sexual violence, including any circumstance which causes a
reasonable person to believe that other available alternatives, such as a leave
of absence, a transfer of jobs, or an alternate work schedule, would not be
sufficient to guarantee the safety of the individual and that separation from
employment was necessary to address the resulting physical and psychological
effects, to seek or reside in an emergency shelter, or to avoid future domestic
or sexual violence. Such evidence includes police records, court records,
statements from the individual, a volunteer of a victim services organization,
the individual's attorney or advocate, a member of the clergy, medical or other
professional from whom the individual has sought assistance related to the
domestic or sexual violence, or other corroborating evidence. As used in this
subsection, "domestic or sexual violence" includes domestic abuse, sexual
assault, or stalking; or
(8) Any
other factor relevant to a determination of good cause.
(d) An owner-employee of a corporation who
brings about the owner-employee's unemployment by divesting ownership, leasing
the business interest, terminating the business or by other similar actions
where the person is the "moving party" in terminating the employment
relationship, voluntarily leaves employment. Benefits may be payable to such
individuals upon showing of good cause. As used in this subsection:
(1) An "owner-employee" means a person who is
a shareholder, and director or officer, or both, who exercises a substantial
degree of control over the direction of corporate activities, including the
decision to dissolve the corporation; and
(2) "Good cause" includes but is not limited
to financial difficulties such as bankruptcy proceedings, or long-term or
considerable financial loss.
