Thursday, February 18, 2010

UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION

Sometimes the issue in voluntary separation cases is blurred and the question is "Did the Claimant quit or did the Claimant refuse employment?" For example, these cases cited on the Appeals Board website:

When a claimant quits employment which he had accepted in good faith, voluntary leaving and not refusal is at issue, even though the claimant worked in the employment for less than one-half day. (Matter of Centonze. 54 A.D. 2d 523; )

Where claimant refused to return to former employment after an absolute lay-off with no definite date set to return, the proper issue is refusal of employment; however, if a definite date is set to return, the issue is one of voluntary leaving. (A.B 21,654-49; )

Severance of employment at the termination of a voyage and upon the receipt of Certificate of Discharge issued by the United States Coast Guard, but after continuing work was offered, was voluntary leaving of employment and as the principal reason for so doing was that the voyage was ended, the leaving was without good cause. (Ref. 510-282-48R; )

Where night work affected claimant's health, unwillingness to accept transfer to same work on day shift at prevailing wages resulted in disqualification for voluntary leaving of employment without good cause and not for refusal of employment. (A.B. 10,324-44; ; similarly A.B. 28,738-52)

Rejection of an offer for continuing employment with a new owner of the business constitutes a voluntary leaving of employment. (A.B. 149,204; )

A claimant who was hired for a specified period is subject to disqualification for voluntary leaving of employment if he rejects an offer of continuing work upon expiration of that period. (A.B. 264,829;

A layoff due to lack of work with no definite date of recall severs the employer/employee relationship, notwithstanding claimant's retention of union seniority and recall rights. (A.B. 329,932;)

Failure to return to work following a temporary layoff of definite duration is a voluntary separation from employment. The disqualification, if warranted, is effective the pre-established recall date. (A.B. 329,642;

When a claimant voluntarily resigns without good cause, prior to a scheduled temporary lay-off, the effective date of disqualification is the day following the last day of claimant's employment even though this date coincides with the date of the scheduled temporary lay-off. (A.B. 411,606; )

Claimant's refusal to accept reinstatement following a disciplinary suspension, because such reinstatement is contingent upon a probation period wherein claimant could be summarily discharged for a violation of company rules; was tantamount to voluntary leaving of employment without good cause. (A.B. 374.677;

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