Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.4 - Claims for Benefits
Rule 24.11.454A - LEAVING OR DISCHARGE FROM WORK
Universal Citation: MT Admin Rules 24.11.454A
Current through Register Vol. 6, March 22, 2024
(1) Following a worker's notice of intent to leave work, the department shall impute the reason for the separation in the following manner.
(a) If a worker's notice of intent to leave
work is valid, the department shall consider the worker to have left work
voluntarily as of the date identified by the valid notice.
(i) If the employer requires the worker to
leave work prior to the worker's intended last day, the worker may qualify for
benefits of limited duration, not to exceed four weeks.
(ii) The benefits of limited duration
terminate on the date identified in the worker's valid notice, unless the
worker shows good cause for leaving work, pursuant to
39-51-2302,
MCA.
(iii) Benefits of limited
duration occurring at the beginning of a claim will be charged against an
employer's account if the employer is a base period employer.
(iv) Benefits of limited duration will not be
granted if the employer ended the employment relationship prior to the worker's
intended last day due to misconduct committed by the worker after notice was
given.
(b) If a worker
attempts to retract a valid notice of intent to leave work and the employer
does not accept the retraction, the department shall consider the worker to
have voluntarily left work.
(c) If
a worker's notice of intent to leave work was not valid, the department shall
consider the worker to have been discharged by the employer.
(2) Following an employer's notice of intent to terminate a worker, the department shall impute the reason for the separation in the following manner:
(a) when
an employer's notice of termination is valid, the department shall consider the
worker to have been discharged, regardless of whether the worker left work
voluntarily prior to the intended date of termination;
(b) when an employer attempts to retract a
valid notice of termination and the worker does not accept the retraction, the
department shall consider the worker to have been discharged; or
(c) when an employer's notice of termination
is not valid and the worker left solely in response to the invalid notice, the
department shall consider the worker to have left work voluntarily.
(3) The department shall consider a worker to have constructively quit employment in the following circumstances:
(a) when an employer discharges a worker for
an act or omission that made it impracticable for the employer to utilize the
worker's services and the worker knew or should have known that the act or
omission would jeopardize the worker's job and likely result in discharge; or
(b) when a worker fails to meet
specified conditions of employment, which may include but are not limited to:
(i) failure to meet license or permit
requirements for employment; or
(ii) failure to maintain insurability.
(4) When a worker and an employer agree to temporary employment, the department shall consider the worker to have been laid off due to lack of work when:
(a) the worker completes the assigned
work;
(b) a previously agreed upon
verbal or written contract ends;
(c) the employer no longer has the same work
available to the worker; or
(d) the
worker has been hired by a client company of the employer as a result of a
verbal or written employment agreement.
AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-2302, 39-51-2303, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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