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24.11.457    LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT

(1) A claimant has left work with good cause attributable to employment if:

(a) the claimant:

(i) had compelling reasons arising from the work environment that caused the claimant to leave; and

(ii) attempted to correct the problem in the work environment; and

(iii) informed the employer of the problem and gave the employer a reasonable opportunity to correct it; or

(b) the claimant left work which the department determines to be unsuitable under 39-51-2304, MCA. For the purpose of this rule, work is not unsuitable if the claimant worked in that same occupation during more than six weeks from the beginning of the base period through the date of leaving. However, the mere fact that the claimant worked in an occupation during six weeks or less does not, by itself, mean that the occupation is "unsuitable".

(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 will 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 unemployment insurance division to be work related, the condition will be considered to provide a compelling reason for the purpose of this rule. However, upon recovery from that condition, as certified by a licensed and practicing health care provider, the claimant must offer to return to work or be disqualified for leaving work without good cause attributable to the employment, unless there is substantial evidence concerning the nature, severity, duration, and prognosis of the illness or injury, verified by a licensed and practicing health care provider, to establish that the claimant's health would be substantially jeopardized by returning to the claimant's regular or comparable suitable work; or

(d) unreasonable rules or discipline by the employer so severe as to constitute harassment.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2302, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2007 MAR p. 1669, Eff. 10/26/07.

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