Indiana Administrative Code
Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT
Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION
Rule 8 - Separation from Employment
Section 8-4 - Voluntary quit; good cause

Universal Citation: 646 IN Admin Code 8-4

Current through March 20, 2024

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4; IC 22-4.1

Sec. 4.

(a) A voluntary quit due to excessive discipline, or inappropriate comments or conduct by managers or coworkers, will not constitute good cause in connection with the work unless it is established that an individual in the same or similar circumstances would reasonably believe that the:

(1) conduct was severe and pervasive;

(2) conduct:
(A) was motivated by the claimant's:
(i) race;

(ii) age;

(iii) sex;

(iv) national origin; or

(v) religious beliefs; or other status protected by law;

(B) endangered the claimant's physical safety; or

(C) endangered the claimant's mental health; and

(3) claimant reported the conduct pursuant to the employer's procedures, if any, but no employer action was taken within a reasonable period of time.

(b) An individual who quits employment in anticipation of an imminent discharge does so with good cause if it is established that the:

(1) discharge was imminent; and

(2) imminent discharge would not have been for just cause.

(c) If an employer gives an employee the opportunity to submit a resignation from employment, rather than be discharged, and the employee resigns, this is a quit in lieu of discharge, and the separation will be analyzed under the discharge for just cause criteria, as the employer is the moving party in the separation.

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