Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.6 - NEW
Rule 24.40.615 - LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT
Universal Citation: MT Admin Rules 24.40.615
Current through Register Vol. 18, September 20, 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 is no longer suitable work
pursuant to ARM 24.40.925; or
(c)
the claimant left work within 30 days of returning to state-approved training,
in accordance with ARM [(24.40.917 APPROVAL OF TRAINING BY THE
DEPARTMENT].
(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 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.
(i) If the workers' compensation insurer has
not accepted liability for the condition, the department shall independently
evaluate the condition to determine whether the condition appears to result
from the employment.
(ii) If,
after evaluation, the department determines by a preponderance of the evidence
that the condition is employment 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.
(3) The claimant has the burden of proving their separation from employment was for good cause attributable to their employment.
AUTH: 39-51-301, 39-51-302, MCA; MP: 39-51-2302, 39-51-2304, 39-51-2307, MCA
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