Sunday, February 21, 2010

UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION

If an employee is an employee receives a penalty or reprimand that the employee feels is unjust, will that establish "good cause" for a voluntary separation. Check out what these cases demonstrate, from the Appeals Board web site:

Claimant was given permission to be absent for the morning as the result of a nervous condition from his being the cause of an accidental injury to a co-worker. After an absence of two days he was told to return at once or be discharged, whereupon he gave vent to an outburst of temper. Upon reporting for work two days thereafter and then being informed that he could return to employment but with the loss of all seniority rights and two weeks vacation then due, he voluntarily left. Held, his leaving, considering his highly nervous state at the time of his single outburst of temper, after an unblemished record of ten years, was with good cause. (A.B.14,659-47; )

Justifiable criticism of work was not good cause for voluntary leaving of employment. (A.B. 7464-42; )

Resentment because of deserved reprimand for repeated absences from work was not good cause for voluntary leaving of employment. (A.B 10,713-44;)

Being told by her floor manager that if her work did not improve by the end of the following week she would be discharged did not constitute good cause for leaving employment. (A.B. 20,115-49. )

Being told to re-do some work to employer's satisfaction or leave the job does not constitute good cause for leaving employment where it appears that claimant's wages would not have been affected. (A.B. 48,005-54; )

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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