reglab/housing_qa huggingface dataset:
40 OK Stat § 40-2-404.1 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-404.1. Leaving work voluntarily of temporary employee.

|A. For the purposes of this section: |1. "Temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work situations such as employee absences, temporary skill shortages, seasonal workloads and special assignments and projects;2. "Temporary employee" means an employee assigned to work for the clients of a temporary help firm; and3. "Good cause" means a reason that is significant and would compel an average reasonable worker, who would otherwise want a suitable job assignment with a client of the temporary help firm, to fail to contact the temporary help firm, to refuse an offered assignment, or to be unavailable for assignment; and4. "Suitable job assignment" means work, either full-time or part-time for one or more days or portions thereof, that is in keeping with the education, training, experience, and ability of the individual to perform.B. A temporary employee of a temporary help firm will be deemed to have left his or her last work voluntarily without good cause connected with the work if the temporary employee:1. Does not contact the temporary help firm for reassignment on completion of an assignment. The temporary help firm shall establish the manner for a temporary employee to communicate that his or her assignment has ended and that he or she is available for reassignment at any time;2. Refuses a suitable job assignment, without good cause;3. Communicates his or her decision to cease seeking assignment for any period of time;4. Becomes unavailable to accept a suitable job assignment, without good cause; or5. Accepts employment with a client of the temporary help firm.On and after the effective date of this act, the provisions of this subsection shall apply only if the temporary employee has been advised of the obligations and been provided a copy of a separate document written in clear and concise language that states the provisions in this section and that unemployment benefits may be denied for failure to comply.C. For the purposes of the Employment Security Act of 1980, the temporary help firm is deemed to be the employer of the temporary employee.Added by Laws 1995, c. 340, § 7, eff. July 1, 1995. Renumbered from § 2-404A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2013, c. 105, § 1, eff. July 1, 2013.
40 OK Stat § 40-2-404.2 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-404.2. Work of a limited duration of time.

|WORK OF A LIMITED DURATION OF TIME. |A. When an employer employs a worker for a limited duration of time specified by the employer, the worker is considered to have been laid off due to lack of work at the end of the time period set by the employer, provided that the worker’s separation was due only to the completion of the work or the expiration of the time period.B. When an employer employs a worker for a limited duration of time specified by the worker, the worker is considered to have voluntarily quit work at the end of the time period set by the worker, provided that the worker’s separation was due only to the expiration of the time period.Added by Laws 2003, c. 177, § 2, eff. Nov. 1, 2003. Renumbered from § 2-404B of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
40 OK Stat § 40-2-405 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-405. Determining good cause.

|DETERMINING GOOD CAUSE. |Good cause for voluntarily leaving work under Section 2-404 of this title may include, among other factors, the following:1. A job working condition that had changed to such a degree it was so harmful, detrimental, or adverse to the individual's health, safety, or morals, that leaving the work was justified;2. Substantially unfair treatment of the employee or the creating of substantially difficult working conditions by the employer; or3. If the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a layoff, has elected to be separated and the employer has consented thereto.Added by Laws 1980, c. 323, § 2-405, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 7, emerg. eff. June 25, 1981; Laws 1997, c. 30, § 8, eff. July 1, 1997; Laws 1998, c. 161, § 8, eff. July 1, 1998; Laws 2003, c. 177, § 3, eff. Nov. 1, 2003; Laws 2005, c. 182, § 4, eff. Nov. 1, 2005; Laws 2006, c. 176, § 6, eff. July 1, 2006; Laws 2009, c. 460, § 3, eff. Nov. 1, 2009; Laws 2013, c. 71, § 5, eff. Nov. 1, 2013.
40 OK Stat § 40-2-406 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-406. Discharge for misconduct.

|DISCHARGE FOR MISCONDUCT. |A. An individual shall be disqualified for benefits if the individual has been discharged for misconduct connected with the individual's last work. If discharged for misconduct, the employer shall have the burden to prove that the employee engaged in misconduct as defined by this section. Such burden of proof is satisfied by the employer, or its designated representative, providing a signed affidavit, or presenting such other evidence which properly demonstrates the misconduct which resulted in the discharge. Once this burden is met, the burden then shifts to the discharged employee to prove that the facts are inaccurate or that the facts as stated do not constitute misconduct as defined by this section. Disqualification under this section shall continue for the full period of unemployment next ensuing after the employee has been discharged for misconduct connected with the employee's work and until such individual has become reemployed and has earned wages equal to or in excess of ten (10) times the weekly benefit amount.B. Acts which constitute misconduct under this section shall be limited to the following:1. Any intentional act or omission by an employee which constitutes a material or substantial breach of the employee's job duties or responsibilities or obligations pursuant to the employee's employment or contract of employment;2. Unapproved or excessive absenteeism or tardiness;3. Indifference to, breach of or neglect of the duties required which result in a material or substantial breach of the employee’s job duties or responsibilities;4. Acts or omissions that place in jeopardy the health, life, or property of self or others;5. Dishonesty;6. Wrongdoing;7. Violation of a law; or8. A violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others.C. Any misconduct violation as defined in subsection B of this section shall not require a prior warning from the employer. As long as the employee knew, or should have reasonably known, that a rule or policy of the employer was violated, the employee shall not be eligible for benefits.D. Any finding by a state or federal agency of any failure by the employee to meet the applicable civil, criminal or professional standards of the employee's profession shall create a rebuttable presumption of such misconduct, and benefits shall be denied, unless the employee can show, with clear and convincing evidence, that such misconduct did not occur, or the Commission determines that such failure did not constitute misconduct as defined herein.Added by Laws 1980, c. 323, § 2-406, eff. July 1, 1980. Amended by Laws 2013, c. 148, § 2, eff. Nov. 1, 2013; Laws 2014, c. 220, § 3, eff. Nov. 1, 2014; Laws 2021, c. 424, § 5, eff. Nov. 1, 2021.
40 OK Stat § 40-2-406.1 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-406.1. Discharge for refusal to undergo drug or alcohol testing or positive test.

|A. 1. An employee discharged on the basis of a refusal to undergo drug or alcohol testing or a positive drug or alcohol test conducted in accordance with the provisions of the Standards for Workplace Drug and Alcohol Testing Act shall be considered to have been discharged for misconduct and shall be disqualified for benefits pursuant to the provisions of Section 2-406 of this title. |2. In any challenge to a positive drug or alcohol test, the claimant has the burden to prove that the test was not properly conducted. The employer must provide the chain of custody documentation at the request of any claimant challenging his or her test result.3. When the claimant fails to request a confirmation test pursuant to Section 556 of this title, the claimant shall not be eligible for benefits.B. In any claim brought by the discharged employee for compensation, a written report of the drug or alcohol test results shall be accepted as prima facie evidence of the administration and results of the drug or alcohol test. If challenged by the claimant as provided in paragraph 2 of subsection A of this section, the written report of the drug or alcohol test results shall be acceptable for presentation as evidence with the chain of custody of the sample properly documented.Added by Laws 1993, c. 355, § 16, emerg. eff. June 10, 1993. Amended by Laws 2006, c. 176, § 7, eff. July 1, 2006. Renumbered from § 2-406A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2007, c. 78, § 1, eff. Nov. 1, 2007; Laws 2012, c. 196, § 3, emerg. eff. May 8, 2012; Laws 2013, c. 148, § 3, eff. Nov. 1, 2013.
40 OK Stat § 40-2-406.2 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-406.2. Case review – Annual report.

|The Oklahoma Employment Security Commission shall promulgate rules requiring a review of at least five percent (5%) of its unemployment benefit cases where misconduct was alleged and decided either in favor of or against the employer. The cases reviewed pursuant to this section shall be summarized in an annual report which shall be delivered to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the chairs of the Senate Committee on Business and Commerce and the House Committee on Economic Development and Financial Services, or its successor committee. |Added by Laws 2014, c. 220, § 2, eff. Nov. 1, 2014.
40 OK Stat § 40-2-408 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-408. Suitable work.

|SUITABLE WORK. |(1) In determining whether or not any work is suitable for an individual, there shall be considered among other factors and in addition to those enumerated in Section 2-409 the length of his unemployment, his prospects for obtaining work in his customary occupation, the distance of available work from his residence and prospects for obtaining local work.(2) Suitable work shall be defined as employment in an occupation in keeping with the individual's prior work experience, education or training, or having no prior work experience, special education or training for occupations available in the general area then, employment for which the individual would have the physical and mental ability to perform.(3) Upon receipt of fifty percent (50%) of his benefits, suitable work shall not be limited to his customary or registered occupation.(4) If the majority of the weeks of work in an individual's base period includes part-time work, the individual shall not be denied unemployment benefits under any provisions of this act relating to availability for work, active search for work, or failure to accept work, solely because the individual is seeking only part-time work. The phrase "seeking only part-time work", as used in this subsection, means the individual claiming unemployment benefits is available for a number of hours per week that are comparable to the individual’s part-time work experience in the base period.Added by Laws 1980, c. 323, § 2-408, eff. July 1, 1980. Amended by Laws 2009, c. 460, § 4, eff. Nov. 1, 2009.
40 OK Stat § 40-2-409 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-409. Conditions exempting otherwise suitable work.

|CONDITIONS EXEMPTING OTHERWISE SUITABLE WORK. Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: |(1) If the position offered is vacant due directly to a strike, lockout or other labor dispute;(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization;(4) If the new work involved a substantial degree of risk to his health, safety or morals.Added by Laws 1980, c. 323, § 2-409, eff. July 1, 1980.
40 OK Stat § 40-2-410 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-410. Participation in labor disputes.

|PARTICIPATION IN LABOR DISPUTES. (1) An individual shall be disqualified to receive benefits for any week with respect to which the Commission finds that his unemployment is due to a stoppage of work which exists at the factory, establishment or other premises at which he is or was last employed, because of a labor dispute. |(2) This section shall not apply if it is shown that:(a)He is not participating in or directly interested in the labor dispute which caused the stoppage of work;(b)He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute; or(c)The employer has locked out his employees.(3) Provided, that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment or other premises.Added by Laws 1980, c. 323, § 2-410, eff. July 1, 1980.
40 OK Stat § 40-2-411 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-411. Retirement payments.

|RETIREMENT PAYMENTS. |1. Except for any payment or benefit payment made pursuant to the federal Social Security Act, an individual shall be disqualified for benefits for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic retirement payment which is based on the previous work of such individual if:a.such pension, retirement or retired pay, annuity or similar payment is under a plan maintained, or contributed to, by a base period and chargeable employer, andb.in the case of such a payment not made under the Railroad Retirement Act of 1974, 45 U.S.C., Section 231 et seq., services performed for such employer by the individual after the beginning of the base period, or remuneration for such services, affect eligibility for or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.2. If the total of such remuneration is less than the benefits which would otherwise be due under the Employment Security Act of 1980, Section 1-101 et seq. of this title, the individual shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration.3. If payments referred to in this section are being received by an individual under the federal Social Security Act, the Commission shall take into account the individual's contribution to Social Security and make no reduction in the weekly benefit amount.Added by Laws 1980, c. 323, § 2-411, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 8, emerg. eff. June 25, 1981; Laws 1982, c. 304, § 6, operative Oct. 1, 1982; Laws 1993, c. 46, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 340, § 8, eff. July 1, 1995; Laws 2007, c. 354, § 4, eff. Nov. 1, 2007; Laws 2010, c. 179, § 4, emerg. eff. April 28, 2010; Laws 2018, c. 14, § 5, eff. Nov. 1, 2018.
40 OK Stat § 40-2-412 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-412. Receiving benefits from another state.

|RECEIVING BENEFITS FROM ANOTHER STATE. An individual shall be disqualified for benefits for any week with respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States. Provided, that if the appropriate agency of such other state or of the United States in which the individual was seeking benefits, but had not received benefits, finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply. |Added by Laws 1980, c. 323, § 2-412, eff. July 1, 1980.
40 OK Stat § 40-2-413 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-413. Inmates during confinement.

|INMATES DURING CONFINEMENT. No inmate of the State Department of Corrections shall during confinement be eligible to receive benefits under this act. |Added by Laws 1980, c. 323, § 2-413, eff. July 1, 1980.
40 OK Stat § 40-2-414 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-414. Pregnant women not disqualified.

|PREGNANT WOMEN NOT DISQUALIFIED. Nothing in this act shall prohibit pregnant women, who otherwise qualify for benefits under this title, from receiving said benefits for the full number of weeks to which they are entitled. |Added by Laws 1980, c. 323, § 2-414, eff. July 1, 1980.
40 OK Stat § 40-2-415 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-415. Participating in sports or athletic events.

|PARTICIPATING IN SPORTS OR ATHLETIC EVENTS. Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such season or similar periods and there is a reasonable assurance that such individual will perform such services in the latter part of such seasons or similar periods. |Added by Laws 1980, c. 323, § 2-415, emerg. eff. June 13, 1980.
40 OK Stat § 40-2-416 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-416. Prohibition against disqualification of individuals taking approved training under Trade Act.

|PROHIBITION AGAINST DISQUALIFICATION OF INDIVIDUALS TAKING APPROVED TRAINING UNDER TRADE ACT. |No individual shall be denied benefits for any week because such individual is in training approved under 19 U.S.C., Section 2296 (a)(1) of the Trade Act of 1974. An individual shall not be denied benefits by reason of leaving work to begin or continue such training, provided the work left is not suitable employment, or because of the application, to any such week in training, of the provisions of the Employment Security Act of 1980 or any applicable federal unemployment compensation law, relating to availability for work, active search for work, or refusal to accept work. For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the adversely affected past employment of the individual, as defined for purposes of the Trade Act of 1974, and wages for such work at not less than eighty percent (80%) of the average weekly wage of the individual as determined for the purposes of the Trade Act of 1974.Added by Laws 1982, c. 304, § 7, eff. Oct. 1, 1982. Amended by Laws 2006, c. 176, § 8, eff. July 1, 2006; Laws 2007, c. 354, § 5, eff. Nov. 1, 2007.
40 OK Stat § 40-2-417 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-417. Seek and accept work - Week of occurrence disqualification.

|SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION. |A. An individual shall be disqualified to receive benefits for each week in which the individual shall have failed to do any of the following:1. Diligently search for suitable employment at a pay rate generally available in that area of the state in keeping with his or her prior experience, education and training;2. Make application for work with employers who could reasonably be expected to have work available; or3. Present oneself as an applicant for employment in a manner designed to encourage favorable employment consideration.B. The requirements of subsection A of this section shall be waived if the individual has been summoned to appear for jury duty before any court of the United States or of any state. The waiver will continue for as long as the individual remains on jury duty pursuant to the original summons.Added by Laws 1994, c. 166, § 1, eff. Sept. 1, 1994. Amended by Laws 1995, c. 340, § 9, eff. July 1, 1995; Laws 2006, c. 176, § 9, eff. July 1, 2006; Laws 2015, c. 249, § 5, eff. Nov. 1, 2015.
40 OK Stat § 40-2-418 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-418. Seek and accept work - Indefinite disqualification.

|SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION. |A. An individual shall be disqualified to receive benefits for the full period of unemployment next ensuing after the individual shall have failed to do any of the following:1. Accept an offer of suitable work, as defined by Sections 2-408 and 2-409 of this title, from an employer including any former employer;2. Apply for or accept suitable work, as defined by Sections 2-408 and 2-409 of this title, when so directed by the Commission; or3. Accept employment pursuant to a hiring hall agreement when so offered.Such disqualification shall continue until the individual has become reemployed and has earned wages equal to or in excess of ten times his or her weekly benefit amount.B. An employer who provides evidence of an offer of suitable work pursuant to paragraph 1 of subsection A of this section shall be proof of the failure of the individual to meet this requirement and shall result in the immediate cessation of benefits until a determination can be made by the Commission. The Commission shall conduct a timely investigation of any such claim and verify the offer of suitable work.C. Any individual who shall have failed in any of the requirements of subsection A of this section due to illness, death of a family member or other extenuating circumstance beyond his or her control shall be disqualified for regular benefits under this section only for the week of the occurrence of such circumstance beyond his or her control.Added by Laws 1994, c. 166, § 2, eff. Sept. 1, 1994. Amended by Laws 2011, c. 256, § 3; Laws 2013, c. 148, § 4, eff. Nov. 1, 2013; Laws 2018, c. 14, § 6, eff. Nov. 1, 2018.
40 OK Stat § 40-2-419 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-419. Acceptance of accelerated buyout of employment contract - Definition.

|An individual shall be disqualified for unemployment benefits if that individual has accepted an accelerated buyout of a written employment contract from the employer. Disqualification under this section shall continue for the full period of unemployment next ensuing after the individual has accepted the contract buyout connected with the work of the individual and until such individual has become reemployed and has earned wages equal to or in excess of ten times the weekly benefit amount of the individual. |For purposes of this section, “accelerated buyout” shall mean a purchase of the remaining terms of a written employment contract in a single payment of One Hundred Thousand Dollars ($100,000.00) or more.Added by Laws 2004, c. 88, § 1, emerg. eff. April 13, 2004.
40 OK Stat § 40-2-420 (2021)
2021 Oklahoma Statutes|Title 40. Labor|§40-2-420. Failure to personally appear as directed.

|FAILURE TO PERSONALLY APPEAR AS DIRECTED. |The Oklahoma Employment Security Commission may require the individual to personally appear at a location for a purpose relevant to the individual's unemployment claim, job search, or reemployment services. If the individual fails to appear, the individual's claim for unemployment benefits will be disqualified indefinitely by the Commission until the individual makes a personal appearance as directed. An individual who has been disqualified indefinitely by the provisions of this section shall be disqualified for all weeks between the initial failure and the compliance with this section.Added by Laws 2015, c. 249, § 6, eff. Nov. 1, 2015.