Current through Supplement No. 394, October, 2024
No household member, except a dependent child, may refuse a
bona fide offer of employment or training for employment, or terminate
employment, without good cause, within thirty days before the date of
application.
1. If an offer of
employment or training was made through job service North Dakota, job service
North Dakota shall determine if a bona fide offer was made and if there was
good cause for refusing it.
2. If
an offer of employment or training was made other than through job service
North Dakota, the county agency shall determine if a bona fide offer was made
and if there was good cause for refusing it, considering the following factors:
a. Whether there was a definite offer of
employment at wages meeting any applicable minimum wage requirements and that
are customary for such work in the community;
b. Whether there were any questions as to the
physical or mental ability of the household member to engage in the offered
employment or training for employment;
c. Whether there were any questions of the
working conditions such as risks to health, safety, or lack of workers'
compensation protection;
d. Whether
the household member had a way to get to or from the particular job, including
evidence the household member reasonably attempted to arrange for
transportation;
e. Whether, as a
condition of being employed, the household member would be required to join a
company union, or to resign or refrain from any bona fide labor organization,
or would be denied the right to retain membership in and observe the lawful
rules of any such organization;
f.
Whether the position offered is vacant directly due to a strike, lockout, or
other labor dispute;
g. Whether the
work is at an unreasonable distance from the household member's residence,
provided one-way traveltime of one hour or less may not be treated as an
unreasonable distance;
h. Whether
gross wages are less than the allowable employment expense and child care or
adult dependent care;
i. Whether an
individual's substantially continuous presence in the household is necessary to
care for another individual in the household to whom the individual owes a
legal duty to provide care, who has a condition, verified by reliable medical
evidence, which does not permit self-care or care by another household member;
and
j. Whether the individual is a
victim of domestic violence.
3. If it is determined that a household
member voluntarily quit employment or a bona fide offer of employment or
training was refused by a household member, without good cause:
a. In the case of a recipient household, the
member who voluntarily quits a job or refuses a bona fide offer of employment
or training for employment is subject to sanction through the job opportunity
and basic skills program, if the individual is required to participate in the
program; and
b. In the case of an
applicant household, the entire household is ineligible for the thirty days
following the actual date of refusal or termination of employment.
General Authority: NDCC
50-09-02,
50-09-25
Law Implemented: NDCC
50-09-02
