Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.11 - UNEMPLOYMENT INSURANCE DIVISION
Subchapter 24.11.4 - Claims for Benefits
Rule 24.11.457 - LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT
Universal Citation: MT Admin Rules 24.11.457
Current through Register Vol. 6, March 22, 2024
(1) The department shall determine a claimant left work with good cause attributable to employment when:
(a) the claimant had compelling reasons
arising from the work environment that caused the claimant to leave; and the
claimant:
(i) attempted to correct the
problem(s) in the work environment; and
(ii) informed the employer of the problem(s)
and gave the employer reasonable opportunity to correct the problem(s);
(b) the claimant left
work that the department determines to have become unsuitable pursuant to ARM
24.11.485;
or
(c) the claimant left work
within 30 days of returning to state-approved training, in accordance with ARM
24.11.475.
(2) The term "compelling reasons" as used in this rule includes but is not limited to:
(a) undue risk, as compared to work in
similar occupations or industries, of injury, illness, physical impairment, or
reasonably foreseeable risks to the claimant's morals;
(b) unreasonable actions by the employer
concerning hours, wages, terms of employment or working conditions, including,
but not limited to, reductions of 20 percent or more in the claimant's
customary wages or hours;
(c) a
condition underlying a workers' compensation or occupational disease claim for
which liability has been accepted by a workers' compensation insurer. If the
condition is one for which liability has not been accepted by the workers'
compensation insurer, the department shall independently evaluate the condition
to determine whether the condition appears to result from the claimant's
employment. If the condition appears to the satisfaction of the department to
be work related, the department shall consider the condition to provide a
compelling reason for leaving work; or
(d) unreasonable rules or discipline by the
employer so severe as to constitute harassment
AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-2302, 39-51-2304, 39-51-2307, MCA
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