Current through Register Vol. 24-18, September 15, 2024
(1) Section 3304(a)(5) of the Federal
Unemployment Tax Act and
RCW
50.20.110 state that you cannot be denied
benefits if you refuse to accept new work when the wages, hours, or other
working conditions are substantially less favorable than those prevailing for
similar work in your local labor market.
(2) For purposes of this chapter, "new work"
includes an offer by your present employer of:
(a) Different duties than those you agreed to
perform in your current employment contract or agreement; or
(b) Different terms or conditions of
employment from those in the existing contract or agreement.
(3) When you resign rather than
accept changes in working conditions that are different from those under which
you had been working, the department will decide whether you left work
voluntarily or refused an offer of new work.
(a) If the changes in working conditions are
not substantial, the department will consider you to have voluntarily quit
work.
(b) If there is a substantial
change in working conditions so as to constitute an offer of new work and the
change is not authorized or implied by the original employment agreement, the
department will treat the separation as a layoff due to lack of work and
adjudicate the refusal of new work under
RCW
50.20.080.
(i) If the change in working conditions is a
reduction in your pay or hours of ten percent or less, the department will
presume the change is not substantial. You can overcome this presumption by
providing additional information to the department showing the job was not
suitable under
RCW
50.20.110.
(ii) If you continue working after your
working conditions have changed, but later quit work because of these changes,
the department will presume you voluntarily left work for personal reasons.
This does not apply when:
(A) You give notice
of your intent to quit but continue to work during an agreed upon notice
period; or
(B) You continue working
during an employer-provided grievance or arbitration period in response to the
change in working conditions.
(iii) This subsection does not apply when the
change in working conditions was caused by your own misconduct. The department
will treat your refusal of the new working conditions as a separation from work
under RCW
50.20.050 or
50.20.066.
(c) If the department decides you were
separated due to a layoff but you refused an offer of new work, the department
will issue a written decision even if you do not claim benefits for the week in
which the refusal occurred. The employer offering the new work is an interested
party to the work refusal decision.
(4) For purposes of this section, the
following definitions apply:
(a) "Conditions
of work" includes fringe benefits such as life and health insurance; paid sick,
vacation, and annual leave; provisions for leaves of absence and holiday leave;
pensions, annuities and retirement provisions; and severance pay. It also
includes job security and reemployment rights; training and promotion policies;
wage guarantees; unionization; grievance procedures; work rules, including
health and safety rules; medical and welfare programs; physical conditions such
as heat, light and ventilation; shifts of employment; and permanency of
work.
(b) "Prevailing" means the
most typical or customary in a particular occupation for a given area. The
department will decide if a wage rate is prevailing for your labor market area
based on information provided by its labor market and economic analysis
branch.
(c) "Similar work" means
similarity of the operations performed, the skill, ability and knowledge
required, and the responsibilities involved.
(d) "Substantial change in working
conditions" means a material change that is significant in terms of amount,
degree, or impact as opposed to a change that is relatively minor or trivial. A
change in working conditions is not substantial if the conditions prevailing
after the change are those generally prevailing for other workers performing
the same or similar work in your local labor market area.
(e) "Substantially less favorable" means the
work is materially reduced below the standard under which the majority of
individuals in your occupation and local labor market area customarily
work.
Statutory Authority: RCW 50.12.010, 50.12.040, and
50.20.010. 10-11-046, § 192-150-150, filed 5/12/10, effective 6/12/10.
Statutory Authority:
RCW
50.12.010 and
50.12.040. 07-22-055, §
192-150-150, filed 11/1/07, effective 12/2/07. Statutory Authority:
RCW
50.12.010,
50.12.040,
50.12.042. 05-01-076, §
192-150-150, filed 12/9/04, effective
1/9/05.
