reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 18 - BENEFITS › Section R6-3-1809 - Eligibility for Approved Training

Current through Register Vol. 30, No. 28, July 12, 2024
A. Approved training under A.R.S. §
									23-771.01
				includes vocational training or academic courses that provide a claimant the
				opportunity to achieve reemployment through the development of the claimant's
				skills and abilities.
1. A claimant is "in
				training with the approval of the department" when the claimant presents a
				document from the sponsoring agency that the claimant is participating in 1 of
				the programs listed in this subsection.
a.
				Training, except for on-the-job training, under Titles II, III, or IV of the
				Job Training Partnership Act, or its successor.
b. A vocational rehabilitation program
				sponsored or administered by the Department or another public agency.
c. Training sponsored or administered by 1 or
				more programs of the Department.
d.
				Training designed to improve a claimant's understanding of the fundamentals of
				English or mathematics or training that is intended to result in a general
				equivalency diploma (GED), unless the claimant is a student enrolled in and
				regularly attending a public or private secondary educational
				institution.
e. Training
				recommended or financed by the claimant's only base-period employer who is
				subject to charges for benefits paid to the claimant.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 18 - BENEFITS › Section R6-3-1810 - Requalifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall apply the definitions of wages in
				R6-3-1705 for
				requalification under this Section.
B. In determining whether a claimant has
				earned sufficient wages to requalify under A.R.S. §§
									23-634.01,
				23-771(A)(7),
				23-775(1),
				(2), or
				23-776(A),
				the following shall apply:
1. The Department
				shall use both insured and non-insured wages, but shall not use income from
				self-employment.
2. The Department
				shall use any income, including wages from agricultural and domestic work, that
				would be reportable as wages on a continued claim for unemployment insurance,
				but shall not use income from self-employment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 18 - BENEFITS › Section R6-3-1811 - Redetermination of Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				When a statutory revision of the Arizona Employment Security Law requires UI
				benefits (awards and unpaid balances) to be redetermined for claims with a
				benefit year current as of the effective date of the revision (law revision
				date) and requires payments for weeks beginning on or after the law revision
				date to be paid at the redetermined rate, the redetermination and related
				actions shall be made as stated below.
B. The claimant's benefits shall be
				redetermined as follows:
1. The weekly
				benefit amount payable for weeks beginning on or after the law revision date
				shall be recomputed in accordance with A.R.S. §
										23-779.
2. A maximum benefit amount (MBA) shall be
				computed in accordance with A.R.S. §
										23-780,
				using the new weekly amount in the recomputation. This MBA shall be utilized to
				redetermine the balance payable indicated in paragraph (3) below.
3. When the old balance payable is equal to
				the old MBA, the new balance shall be equal to the recomputed MBA. When the old
				balance is less than the old MBA (payments, statutory deductions, etc. were
				made prior to the redetermination), the new balance shall be redetermined by
				dividing the new MBA by the old MBA and multiplying that result by the old
				balance. The computed amount shall then be rounded to the nearest dollar with
				50¢ being rounded to the next higher dollar.
4. A redetermination notice shall be issued
				to a claimant only if the recomputed weekly benefit amount is greater than the
				old weekly amount.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 18 - BENEFITS › Section R6-3-1812 - Interest on Benefit Overpayments

Current through Register Vol. 30, No. 28, July 12, 2024
A. Interest will be computed in accordance
				with the provisions of A.R.S. §
									44-1201
				on the last day of each calendar month on all outstanding unemployment
				insurance overpayments with the following exceptions:
1. No interest shall be computed on any
				overpayment established during that same month.
2. The accumulation of interest on
				overpayments created through no fault on the part of the claimant will not
				begin until the sixth calendar month following the month in which the
				overpayment was established. If, however, a claimant not at fault in creating
				the overpayment has entered into an acceptable agreement for repayment and is
				conforming to the conditions of the agreement, the accumulation of interest
				will continue to be postponed as long as these conditions are met.
3. If the recoupment of an overpayment has
				been waived, this waiver will include any interest due at the time of waiver
				and no further interest will be computed.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 18 - BENEFITS › Section R6-3-1813 - Overpayment Deduction Percentage

Current through Register Vol. 30, No. 28, July 12, 2024
A. As used in A.R.S. §
									23-787(D),
				the phrase "no reasonable attempt" means:
1.
				At least 12 months have elapsed since the Department established the
				overpayment and issued the most recent benefit payment; and
2. During the most recent 12 months, the
				claimant has not repaid at least $250 or 20% of the unpaid principal and
				interest balance, whichever is less. For the purpose of this subsection, the
				Department shall not consider funds recouped through setoff of tax refunds or
				Arizona lottery winnings, wage garnishments, or any other involuntary
				recoupment methods.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 35 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 35
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 36 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 36
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 37 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 37
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 38 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 38
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 39 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 39
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 40 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 40
				consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February
				15, 1978 (Supp. 78-1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-5005 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				For the purpose of interpreting A.R.S. §
									23-775(1),
				the following phrases have the meanings prescribed in this subsection:
1. "In connection with the employment" means
				a condition related to employment caused a worker to leave employment. If the
				employer changes the conditions or terms of employment, and the changes affect
				the worker's personal affairs, the worker leaves employment in connection with
				the employment rather than as a result of personal circumstances.
2. "Left work voluntarily" means that a
				worker terminated the worker-employer relationship and intended to do
				so.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-5040 - Attendance at School or Training Course

Current through Register Vol. 30, No. 28, July 12, 2024
A. Leaving to Attend School. Except as
				provided in subsection (B), a worker who leaves a job to attend school or
				training quits voluntarily without good cause in connection with the
				work.
B. Leaving for Approved
				Training. A worker approved for and attending training as prescribed in A.R.S.
				§
									23-771.01
				and A.A.C.
				R6-3-1809
				leaves work for a compelling personal reason if the work:
1. Was temporary employment during school
				vacation periods or other breaks and the worker leaves work to continue
				training when school reopens; or
2.
				Hinders the worker from making satisfactory progress in school.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135 - Quit or Discharge

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Distinguishing Quits and Discharges
1. Except
				as otherwise provided in this Chapter, a worker's separation from employment is
				either a quit or a discharge.
a. The
				separation is a quit when the worker acts to end the employment and intends
				this result.
b. The separation is a
				discharge when the employer acts to end the employment and intends this result.
				A discharge includes:
i. A layoff for lack of
				work, and
ii. A request by the
				employer for the worker's resignation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.01 - Quit or Discharge; Absence from Work

Current through Register Vol. 30, No. 28, July 12, 2024
Except as provided in
				  R6-3-50135.03
				  and
				  R6-3-50135.04,
				  when a separation occurs because of a worker's absence from work, and a
				  discharge is not established:
1. The
				separation is a discharge if:
a. The worker
				had a reason for the absence,
b.
				The worker intended to return to work upon a certain occurrence, and
c. The worker tried to return to work;
				or
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.02 - Quit or Discharge; Volunteering for Layoff

Current through Register Vol. 30, No. 28, July 12, 2024
When a worker's separation is the result of the worker
				  volunteering for a layoff or furlough due to a reduction in the work force, the
				  Department shall determine whether a disqualification is assessed based on
				  whether the employer or the worker initiated the action.
1. The separation is a discharge for
				nondisqualifying reasons when the employer determines that a layoff is to occur
				and then asks if there are workers who will volunteer for the layoff or
				volunteer to accept the employer's retirement plan.
2. The separation is a voluntary leaving
				without good cause when a worker requests or volunteers for layoff status prior
				to any specific announcement by the employer and the employer acts upon the
				request, unless the worker establishes that the leaving was for a compelling
				personal reason.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.03 - Quit or Discharge; Leave of Absence

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Leave of absence" means an agreement
				between an employer and a worker in which the employer promises the worker that
				the worker may return to work on a particular date or when a reasonably
				foreseeable event occurs.
1. A leave of
				absence agreement may be oral or written.
2. A leave of absence may, but is not
				required to be, based on a collective bargaining agreement or a company
				policy.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.04 - Quit or Discharge; Investigative or Disciplinary Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an employer
				places a worker on a suspension without pay, pending the investigation of an
				alleged wrongdoing or as a disciplinary action, the employer-employee
				relationship is presumed to continue during the suspension period unless 1 of
				the following events occurs during the suspension period.
1. The worker gives notice to the employer
				that the worker does not intend to return to work. When the reason for the
				leaving is because of the worker's objection to a disciplinary action, the
				worker's eligibility is determined in accordance with
				R6-3-50138.
2. The employer notifies the worker that the
				job will not be available at the end of the suspension. The Department shall
				determine the reason for separation based on the reason the job is no longer
				available.
3. The worker files a
				claim for benefits.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.05 - Quit or Discharge; Corporate Officer

Current through Register Vol. 30, No. 28, July 12, 2024
When a worker separates from a business in which the worker
				  was a corporate officer, the Department shall use the following guidelines to
				  determine whether to assess a disqualification.
1. A corporate officer who, on the officer's
				own accord or as a participant in a decision made by a majority of the
				officers, decides to sell or close the business or to otherwise separate from
				the corporation, leaves voluntarily. The reason for the sale or closure
				determines whether the corporate officer left for compelling personal reasons
				or had good cause for leaving.
2.
				If the corporation is sold because of declining income and increasing
				indebtedness, the corporate officer leaves voluntarily without good cause
				unless the corporation could not have continued.
3. If a corporate officer is forced out by a
				majority decision of the other officers, the corporate officer is discharged
				for reasons other than misconduct unless the termination was for reasons which
				constitute misconduct as defined in A.R.S. §
									23-619.01
				and Article 51 of this Chapter.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50135.06 - Quit or Discharge; Temporary Service Employer and Leasing Employer

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a worker
				separates from a temporary services employer or leasing employer, both as
				defined in A.R.S. §
									23-614(G),
				after finishing work for the employer's client, the separation is either a quit
				or a layoff due to lack of work.
1. If the
				worker has, in accordance with the temporary services or leasing employer's
				rules and procedures about which the worker knew or should have known, failed
				to report to the employer regarding subsequent work, the separation is a quit
				and the Department shall determine the worker's eligibility, in accordance with
				Article 50 of this Chapter.
2. If
				the worker reported to the employer in the manner required and the employer did
				not immediately refer the worker to a new assignment, the separation is a
				layoff for lack of work.
3. If the
				worker reported to the employer and was referred to a new assignment which the
				worker refused, the separation is either a voluntary leaving or a discharge and
				refusal of new employment as prescribed in
				R6-3-50315.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50138 - Disciplinary Action (v L 138)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A worker may leave because of disciplinary
				action taken against him by his employer. He leaves without good cause in
				connection with the work if:
1. The event
				which resulted in the disciplinary action was within his control, or
2. He was responsible for the
				event.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50150 - Distance to Work

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Transportation
1. When a worker quits because
				of transportation difficulties, it must be determined if the worker left
				without good cause in connection with the work, or whether the worker separated
				for compelling personal reasons not attributable to the employer and not
				warranting disqualification. Factors to be considered are:
a. Availability of transportation, both
				public and private;
b. Time,
				distance, and cost of travel in relation to wages paid;
c. Customary practice of workers in
				claimant's locality;
d. Customary
				practice in worker's trade;
e.
				Worker's past pattern of transportation;
f. Relocation of work site;
g. Adverse effect of travel on claimant's
				health;
h. Prospects of obtaining
				other work without serious transportation problems.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50155 - Domestic Circumstances

Current through Register Vol. 30, No. 28, July 12, 2024
A. General.
1. A worker who left work because of a
				domestic obligation involving a legal or moral responsibility of such a
				compelling nature that the worker could not disregard it left work for a
				compelling personal reason not attributable to the employer.
2. However, the mere existence of such a
				domestic obligation under subsection (A)(1) does not of itself mean that the
				worker was compelled to leave. If the worker had a reasonable alternative to
				leaving work that the worker failed to exercise, the worker left
				voluntarily.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50190 - Evidence (v L 190)

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General (V L 190.05)
1. Evidence is that which
				furnishes any mode of proof or that which is submitted as a means of learning
				the truth of any alleged matter of fact. This evidence is usually in the form
				of oral or written statements of a claimant, employer, and/or witnesses. The
				adjudicator must obtain all pertinent evidence reasonably available to make a
				non-monetary determination.
2. A
				claimant or employer statement, written and signed by him, is valuable as
				evidence. Documentary evidence, such as physicians' statements or union by-laws
				and contracts, is often significant. Such evidence should be fully identified
				and proved authentic in order to have evidential weight.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50210 - Good Cause (v L 210)

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The commonly accepted test of "good cause", when considering voluntary leaving,
				is "What would the reasonable worker have done under similar circumstances?"
				The following two points should be considered:
1. What were the claimant's reasons for
				leaving?
2. Do the reasons justify
				leaving?
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50235 - Health or Physical Condition (v L 235)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (V L 235.05)
1. Leaving work due to health or physical
				conditions may be for:
a. Compelling personal
				reasons; or
b. Good cause in
				connection with the work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50315 - New Work (v L 315)

Current through Register Vol. 30, No. 28, July 12, 2024
When an employee resigns rather than accepts conditions of
				  employment which are different from those under which he has been working, a
				  decision must be made as to whether he has left work voluntarily or has refused
				  an offer of new work.
1. If the
				changes in working conditions are not substantial, a voluntary leaving is
				found.
2. If the changes in working
				conditions are so substantial as to constitute a new job (i.e., they are not
				expressly or impliedly authorized in the original employment relationship); the
				separation shall be regarded as a "discharge" and a refusal of a new offer of
				work. In such cases the failure to accept work shall be held to have occurred
				on the first workday following the last day of work.
3. If it is determined that the worker
				separated due to a layoff and refused an offer of new work, the employer is an
				interested party to the refusal of work determination since the refusal issue
				arises from the separation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50345 - Retirement

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				otherwise provided in subsection (B) and
				R6-3-50135.02,
				a worker who chooses to retire from employment leaves voluntarily without good
				cause in connection with the employment.
B. If a worker retires for health reasons,
				the Department shall determine whether the worker left for good cause in
				connection with the employment or for a compelling personal reason not
				attributable to the employer as prescribed in R6-3-50235.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50360 - Personal Affairs (v L 360)

Current through Register Vol. 30, No. 28, July 12, 2024
An individual who quits work to care for personal affairs
				  generally leaves voluntarily without good cause in connection with his
				  employment. However if the personal circumstances are so compelling or
				  burdensome that the claimant has no reasonable alternative to quitting, his
				  leaving is for compelling personal reasons. Leaving to care for personal
				  affairs may involve business matters, settlement of an estate, a lawsuit,
				  divorce proceedings, etc.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50365 - Prospect of Other Work (v L 365)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (V L 365.05)
1. A worker who has no objection to the work
				he has been doing and quits because he has prospects of other work, but no
				definite offer, leaves voluntarily without good cause in connection with his
				work.
2. A leaving to accept
				employment that would clearly better the claimant's economic or personal
				circumstances or working conditions, is for a compelling personal reason.
a. If the prospective employment fails to
				materialize because of circumstances beyond the control of the claimant the
				determination on the leaving would remain the same.
b. The claimant's statement that he left to
				accept other work is questionable when there is an unreasonable time lapse
				between the two jobs. This point may be decisive in determining whether or not
				the claimant left for a compelling personal reason.
3. A quit because the claimant objects to
				some aspect of the work he has been doing should be considered with reference
				to the appropriate Benefit Policy rule.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50450 - Time (v L 450)

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General (V L 450.05)
1. As discussed in this
				section time refers to hours, or days of work, whether it be part time or full
				time, irregular or excessive, shift work or temporary work, and definite or
				indefinite dates.
2. When time is
				an issue it is advisable to obtain verification of exact hours, days or dates
				worked.
3. A worker who leaves his
				job for any reason involving time would be expected to attempt to adjust his
				grievance prior to leaving if such attempt was feasible.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50475 - Union Relations (v L 475)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Agreement with employer (V L 475.1). A
				Collective Bar- gaining Agreement is an agreement between employer(s) and an
				organized group of workers which covers reciprocally agreed conditions of work.
1. The violation of a Collective Bargaining
				Agreement by either the employer or employee except in cases involving
				application of the labor dispute disqualification provision under A.R.S. §
										23-777
				is merely a breach of an obligation to abide by the terms of the
				agreement.
2. A violation of a
				bargaining agreement by an employer would not necessarily provide a worker with
				a good cause for leaving under the provisions of the Employment Security Law of
				Arizona. Good cause in connection with the work would be found if:
a. The employer's action caused or would
				cause the claimant to suffer a substantial hardship or possible physical
				injury; or
b. The claimant can
				establish that continuation of the employment would result in penalty by his
				union which would be detrimental to him in obtaining other work.
3. Leaving work because of alleged
				violations of a bargaining agreement concerning wages, hours, or working
				conditions should be adjudicated under the appropriate Section of these
				rules.
4. In any case, failure by
				the claimant to attempt to adjust his grievance through the grievance procedure
				of his union would preclude a finding of good cause.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50500 - Wages (v L 500)

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General (V L 500.05)
1. A leaving because of
				dissatisfaction with wages usually involves one of the following situations.
				For a discussion of specific wage issues refer to the indicated section of
				these policy rules.
Agreement concerning wages (R6-3-50500(B))
Failure or refusal to pay (R6-3-50500(C))
Piece rate or commission basis (R6-3-50500(F))
Prevailing wage (R6-3-50500(G)
				  )
Reduction in rate of pay (R6-3-50500(H))
2. A worker is generally aware of the rate of
				pay prior to accepting a job. If he accepts employment at a specified wage, he
				cannot thereafter establish good cause for leaving because he becomes
				dissatisfied with his wages. This is true even though his rate of pay is
				substantially below prevailing for similar work. Good cause for leaving can be
				shown only if the rate of pay is below the legal minimum.
3. A worker who leaves because of
				dissatisfaction with his wage must make a reasonable effort to adjust his
				grievance prior to quitting in order to establish good cause.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 50 - VOLUNTARY LEAVING BENEFIT POLICY › Section R6-3-50515 - Working Conditions (v L 515)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (V L 515.05)
1. The term "working conditions" includes all
				aspects of the employer-employee relationship, but in this Section it will be
				confined to environmental conditions such as light, sanitation,
				fellow-employees, etc.
2. A worker
				who leaves because of dissatisfaction with working conditions, must show that
				one or more of these conditions are substantially below those prevailing in the
				area for similar work. Mere dislike, distaste, or inconvenience created by
				small variations in working conditions will not establish good cause for
				leaving work. The determination generally will turn on a comparison of the
				claimant's actions with the degree of tolerance the normal worker would be
				expected to exercise before leaving under the same conditions.
3. When an employer imposes unreasonable
				demands or working conditions which force a worker to terminate his employment,
				the worker would leave with good cause.
4. Before good cause or a compelling personal
				reason for leaving can be established, a worker must have attempted to adjust
				his grievance prior to leaving unless such an attempt was not
				feasible.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-5105 - General (misconduct)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Misconduct.
1. The following constitute misconduct
				sufficient to disqualify a worker from receipt of unemployment insurance
				benefits pursuant to A.R.S. §
										23-775(2):
a. An act of wanton or willful disregard of
				the employer's interest;
b. A
				deliberate violation of the employer's rules;
c. A disregard of standards of behavior that
				the employer has the right to expect of an employee; or
d. Negligence to such a degree, or a
				recurrence of negligence that:
i. Manifests
				culpability, wrongful intent, or evil design; or
ii. Shows an intentional and substantial
				disregard of the employer's interest or of the employee's duties and
				obligations to the employer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-5115 - Absence (misconduct 15)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 15.05)
1. Implicit in the work relationship is the
				duty of the employee to report for work and remain at work in accordance with
				the reasonable requirements of his employer. This duty is not absolute, but is
				qualified by circumstances relative to the situation of both employee and
				employer. In determining if a claimant's absence from work is a disregard of
				his employer's interest due regard must be accorded to the customs and
				conditions of work.
2. If it is
				customary for employees where the claimant worked to take a day off without
				pay, a claimant who does so and is discharged is not deemed to have been
				discharged for misconduct unless the circumstances indicate that he could
				reasonably have known that his employer would be injured by his
				absence.
3. When a claimant is
				discharged for not appearing at work on a day when he customarily does not
				work, his dismissal is generally for reasons other than misconduct.
4. An exception to the general rules of
				absence is the discharge of a claimant because of an absence due to
				incarceration for a first offense. Refer to
				R6-3-5115(E),
				"Absence due to incarceration."
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-5145 - Attitude toward Employer (misconduct 45)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 45.05)
1. In order for an act by a worker to be
				considered misconduct, it must be established that the results of the act had,
				or could have had, an adverse affect on the employer's interests.
2. When a rule or standard of conduct
				normally applied in all employment relationships is violated, misconduct can be
				presumed but not established in every case. This would include matters
				involving prompt and regular attendance, dishonesty, violation of law,
				etc.
3. To establish misconduct the
				act must have adversely affected the employer in his capacity as an employer
				and not as a private individual. Thus, if the worker is discharged because of
				an off-duty incident involving the employer and the interest of the employer
				adversely affected is not related to his position as an employer the claimant
				is discharged for reasons other than misconduct.
4. In order for misconduct to be established
				the employer need not have actually suffered damage as a result of the worker's
				act, the potentiality for damage must also be considered. In many cases it may
				be established that his interests could have been adversely affected by the
				commission or omission of the act.
5. In cases where a disregard of an implied
				obligation results in dismissal the adjudicator should consider any warnings
				the worker may have received for the same or similar violations since they draw
				the worker's attention to that which is expected.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-5185 - Connected with Work (misconduct 85)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A disqualification for misconduct is
				assessed only when a claimant's discharge is determined to be in "connection
				with the work." Any action by a worker in the course of his duties, or
				committed on the employer's premises during working hours is connected with the
				work.
B. Generally, what a worker
				does when he is off work is of no concern to the employer and the employer has
				no basis for holding him accountable for his off-duty conduct. However, when a
				worker's off-duty conduct bears such a relationship to his job as to render him
				unsuitable to continue in his job because of the adverse affect it would have
				on the employer's operation, such off-duty action would be connected with the
				work.
C. If an employee's duties
				and responsibilities are such that his actions while off-duty may adversely
				affect the reputation, public trust, or confidence on which his employer's
				business is dependent his off-duty misconduct may be connected with the
				work.
D. Adjudicators should refer
				to the following sections of the Policy rules for guidance on specific off-duty
				conduct issues:
Absence due to incarceration
				  R6-3-5115(E)
Intoxicants and use of intoxicants
				  R6-3-51270
Garnishment
				  R6-3-51485(B)
Violation of law
				  R6-3-51490
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51140 - Misappropriation of Funds or Property; Falsification of Employment Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. To determine
				whether a claimant's misappropriation of company funds or property is
				misconduct that will disqualify the claimant from receipt of unemployment
				benefits, the Department shall consider the employer's practices regarding the
				handling of funds and whether the claimant knew that the claimant was
				misappropriating funds.
1. A claimant who is discharged for knowingly
				misappropriating company funds is discharged for misconduct connected with
				employment. Misappropriation includes misusing credit cards, checks, or other
				financial instruments owned or controlled by the employer.
2. A
				claimant who is discharged for retaining funds to which the claimant honestly
				believes the claimant is entitled, and makes adjustment or restitution upon
				notification, is discharged for reasons other than misconduct relating to such
				funds.
3. A claimant who is
				discharged for knowingly misappropriating company property, or conversion of
				the employer's property or theft is discharged for misconduct connected with
				employment.
4. A claimant who is discharged for retaining company
				property to which the claimant honesty believes the claimant is entitled, and
				makes adjustment or restitution upon notification, is discharged for reasons
				other than misconduct relating to such company property .
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51190 - Evidence (misconduct 190)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 190.05)
1. Evidence is that which furnishes any mode
				of proof or that which is submitted as a means of learning the truth of any
				alleged matter of fact. This evidence is usually in the form of oral or written
				statements of a claimant, employer, or witnesses. The adjudicator must obtain
				all pertinent evidence reasonably available to make a non-monetary
				determination.
2. A claimant or
				employer statement written and signed by him is valuable as evidence.
				Documentary evidence, such as physician's statements or union by-laws and
				contracts, is often significant. Such evidence should be fully identified and
				proved authentic in order to have evidential weight.
3. From the standpoint of logic, evidence
				which does not tend to establish a fact should not be considered in determining
				the truth of that fact.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51235 - Health or Physical Condition (misconduct 235)

Current through Register Vol. 30, No. 28, July 12, 2024
Pregnancy (Misconduct 235.4). A discharge for pregnancy is
				  never disqualifying, but under certain conditions may be for compelling
				  personal reasons not attributable to the employer. See R6-3-
				  5105(B).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51255 - Insubordination (misconduct 255)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 255.05)
1. An employer has the right to expect that
				reasonable orders, given in a civil manner, will be followed and that a
				supervisor's authority will be respected and not undermined. There is no
				precise rule by which to judge when a dispute with a supervisor constitutes
				insubordination if insolence, profanity, or threats are not involved. The
				pertinent overall consideration is whether the worker acted reasonably in view
				of all the circumstances. Some examples of insubordination are:
a. Refusal to follow reasonable and proper
				instructions; or
b. Insolence in
				actions or language, profanity, or threats toward a supervisor without due
				provocation; or
c. Refusal to
				accept assignment to suitable work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51270 - Intoxication and Use of Intoxicants (misconduct 270)

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a claimant is discharged for drinking
				intoxicating liquor, or using illegal drugs at work, or reporting to work, or
				coming on the employer's premises under the influence of intoxicants, a
				disregard of the employer's interest may be established.
B. A discharge for intoxication off the job
				is not disqualifying unless it can be shown that a claimant's off-duty
				intoxication is connected with his work. See
				R6-3-5185.
C. Absences or tardiness caused by off-duty
				intoxication or its after effects are usually considered to be for capricious
				reasons and should be adjudicated in accordance with
				R6-3-5115(C)
				and R6-3-5115(D).
D. Inefficiency
				caused by the off-duty use of intoxicants may be misconduct, and should be
				treated the same as any other charge of inefficiency caused by actions within
				the control of the claimant. See
				R6-3-51300.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51300 - Manner of Performing Work (misconduct 300)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 300.05)
1. A worker has the implied duty of
				performing his work with ordinary care and diligence and of making reasonable
				efforts to live up to such standards of performance as are required by his
				employer. Misconduct generally arises when a worker knowingly fails to exercise
				ordinary care in the performance of his duties.
2. "Ordinary care" means that degree of care
				which persons of ordinary prudence are accustomed to exercise under the same or
				similar circumstances, having due regard to his or others' rights and safety
				and to the objectives of the employer. This standard is general and application
				will vary with the circumstances. For example, the ordinary care expected of a
				precision engineer will vary considerably from the care expected of a ditch
				digger. The accepted standard of performance establishes what is ordinary
				care.
3. This does not mean that
				every claimant discharged because of unsatisfactory work performance is subject
				to disqualification. In the absence of gross carelessness or negligence, or
				recurrence of ordinary carelessness or negligence, the claimant's failure to
				perform his work properly is presumed to be attributed to good faith error in
				judgment, inability, incapacity, inadvertence, etc. A conscientious employee
				may be unable to perform his duties to the satisfaction of his employer because
				of limited mental capacity, inexperience, or lack of coordination. If such
				person is discharged for unsatisfactory work his discharge is not for
				misconduct.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51310 - Neglect of Duty (misconduct 310)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Duties not discharged (Misconduct 310.1)
1. When an employee is given certain tasks to
				do, an employer may expect that such duties will be performed in accordance
				with the ability of the worker. Failure to complete assigned work will be
				considered the same as improper completion of work. The reason(s) for the
				nonperformance or improper performance will determine whether there was
				misconduct.
2. A worker discharged
				for failing to do work which he could reasonably have been able to do or who
				does work improperly without reasonable excuse, is discharged for misconduct.
				Important considerations are:
a. The worker's
				knowledge and understanding of his responsibilities, and
b. The extent of his opportunity and ability
				to do his work properly.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51345 - Retirement

Current through Register Vol. 30, No. 28, July 12, 2024
A. A worker who has
				no alternative to retiring or leaving employment to accept a pension, because
				of a requirement imposed by the worker's employer or a collective bargaining
				agreement, is discharged for nondisqualifying reasons when:
1. The collective bargaining agreement under
				which the worker is employed mandates the worker's retirement at a specified
				age,
2. The employer has a rule
				mandating retirement at a specified age, or
3. The employer notifies the worker that the
				worker has no choice but to accept retirement.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51385 - Relation of Offense to Discharge (misconduct 385)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before a disqualification for a discharge
				for misconduct may be applied, the worker must have committed an act(s) of
				misconduct connected with his work and he must have been discharged for such
				act(s).
B. Generally, only the
				employer can state authoritatively the reasons for the worker's dismissal. If
				the discharge does not follow the commission of misconduct in a prompt and
				reasonable sequence of events, the burden falls on the employer to establish
				the causal relationship. When an unreasonable length of time has elapsed
				between the commission of the act and the discharge, the employer has in effect
				condoned the act, and the subsequent discharge is not for work-connected
				misconduct.