reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-055 - Leaving work because of illness or disability-General rules and definitions-RCW 50.20.050 (1)(b)(ii) and (2)(b)(ii)

Current through Register Vol. 24-14, July 15, 2024
(1)
				For separations occurring before September 3, 2023:
(a)
General rule.
To establish
				good cause for leaving work voluntarily because of your illness or disability
				or the illness, disability, or death of a member of your immediate family, you
				must demonstrate that:
(i) You left work
				primarily because of such illness, disability, or death; and
(ii) The illness, disability, or death made
				it necessary for you to leave work; and
(iii) You first exhausted all reasonable
				alternatives prior to leaving work, including:
(A) Notifying your employer of the reason(s)
				for the absence as provided in WAC 192-150-060;
(B) Requesting changes in working conditions,
				changes to your work schedule, or a leave of absence; and
(C) Asking to be reemployed when you are able
				to return to work. (You are not required to request reemployment after the job
				separation has occurred to establish good cause.)
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-060 - Leaving work because of disability - Notice to employer - RCW 50.20.050 (2)(b)(ii)

Current through Register Vol. 24-14, July 15, 2024
(1) If
				you leave work because of a disability you must notify your employer about your
				disabling condition before the date you leave work or begin a leave of absence.
				Notice to the employer shall include any known restrictions on the type or
				hours of work you may perform.
(2)
				Any restrictions on the type or hours of work you may perform must be supported
				by a physician's statement or by the terms of a collective bargaining agreement
				or individual hiring contract.
(3)
				Nothing in unemployment insurance law requires your employer to offer you
				alternative suitable work when you have a disability, or modify your duties so
				that you can perform your current job. However, any offer from your employer of
				other suitable work must be made prior to the date you leave work or begin a
				leave of absence. You are not required to request alternative work from your
				employer to be found available for work.
(4) If your employer offers you alternative
				work or otherwise offers to accommodate your disability, you must demonstrate
				good cause to refuse the offer. This may include, but is not limited to,
				information from your physician that the accommodation offered by your employer
				was inadequate to reasonably accommodate your medical condition, or information
				demonstrating that the alternative work offered you by your employer was not
				suitable.
(5) If you refuse an
				offer of work from any employer after your job separation or after beginning a
				leave of absence, the department will determine whether you refused an offer of
				suitable work as provided in
				RCW
				   50.20.080.
(6) If you are on a leave of absence due to
				your disability, you must promptly request reemployment from your employer when
				you are again able to return to work.
(7) This section also applies to individuals
				on a leave of absence because of a pregnancy-related disability.
(8) In addition to the requirements of this
				section you are not eligible for unemployment benefits unless you terminate
				your employment and are not entitled to be reinstated to the same or similar
				position.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-060, filed 12/9/04,
					 effective 1/9/05. Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040,
					 50.20.010. 02-08-072, §
											192-150-060, filed 4/2/02,
					 effective 5/3/02.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-085 - How to qualify after benefits have been denied

Current through Register Vol. 24-14, July 15, 2024
(1) Benefits may be denied under RCW
				50.20.-050 for voluntarily leaving work,
				RCW
				   50.20.060 for being discharged for
				misconduct, and
				RCW
				   50.20.080 for refusing an offer of suitable
				work or job referral. The denial of benefits will continue indefinitely until
				you show that:
(a) At least seven calendar
				weeks have elapsed following the week the act occurred that resulted in the
				denial of benefits; and
(b) You
				have obtained bona fide work and earned wages of at least seven times your
				suspended weekly benefit amount. The wages earned must be in employment that is
				covered by Title 50 RCW or the comparable laws of another state or the federal
				government.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-090

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-090, filed 12/9/04,
					 effective 1/9/05. Statutory Authority:
					 RCW
					    50.20.010 and
					 50.12.040. 99-08-073, §
											192-150-090, filed 4/5/99,
					 effective 5/6/99.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-100 - Employer-initiated layoffs or reductions in force

Current through Register Vol. 24-14, July 15, 2024
(1) You will not be considered to have been
				separated from employment for a disqualifying reason when:
(a) Your employer takes the first action in
				the separation process by announcing in writing to its employees that:
(i) The employer plans to reduce its work
				force through a layoff or reduction in force, and
(ii) That employees can offer to be among
				those included in the layoff or reduction in force;
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-110 - Mandatory military transfers - RCW 50.20.050 (2)(b)(iii)

Current through Register Vol. 24-14, July 15, 2024
(1) Any military transfer is considered
				mandatory if your spouse or domestic partner receives orders from the military
				to relocate to a new duty station, regardless of whether the transfer is
				temporary or permanent.
(2) You may
				show good cause to quit work if you relocate for your spouse or domestic
				partner's employment that was due to a mandatory military transfer if:
(a) Your spouse or domestic partner's new
				duty station is outside your existing labor market; and
(b) You continued to work for your previous
				employer for as long as was reasonable prior to the move.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-112 - Definitions-Domestic violence and stalking-RCW 5020050 (1)(b)(iv) and (2)(b)(iv)

Current through Register Vol. 24-14, July 15, 2024
To constitute good cause for leaving work, your job
				  separation must have been necessary to protect yourself or a member of your
				  immediate family from domestic violence or stalking.
(1)
Immediate family
is defined
				as your spouse, domestic partner, and the children (including your unborn
				children), siblings, stepchildren, foster children, or parents of either spouse
				or domestic partner, whether living with you or not, and other relatives who
				temporarily or permanently reside in your household.
(2)
Domestic violence
is defined
				in
				RCW
				   7.105.010.
(3)
Stalking
is defined by
				RCW
				   9A.46.110. It means:
(a) Intentionally and repeatedly harassing or
				following another person; and
(b)
				Placing the person being harassed or followed in fear of injury to self or
				property, or to another person or the property of another person; and
(c) Intending to frighten, intimidate, or
				harass the other person; or
(d)
				Knowing or having reason to know that the person is afraid, intimidated, or
				harassed even if the stalker did not intend to place the person in fear or
				intimidate or harass the person.
(i) "Harass"
				means a knowing and willful course of conduct directed at a specific person
				which seriously alarms, annoys, harasses, or is detrimental to such person, and
				which serves no legitimate or lawful purpose.
(ii) "Repeatedly" means on two or more
				separate occasions.
(iii) "Follows"
				means deliberately maintaining visual or physical proximity to a specific
				person over a period of time. A finding that the alleged stalker repeatedly and
				deliberately appears at the person's home, school, place of employment,
				business, or any other location to maintain visual or physical proximity to the
				person is sufficient to find that the alleged stalker follows the person. It is
				not necessary to establish that the alleged stalker follows the person while in
				transit from one location to another.
(iv) "Contact" includes, in addition to any
				other form of contact or communication, the sending of an electronic
				communication to the person.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-113 - Domestic violence or stalking - RCW 50.20.050 (2)(b)(iv)

Current through Register Vol. 24-14, July 15, 2024
(1) As a condition
				of eligibility for benefits, you are not required to exhaust reasonable
				alternatives prior to leaving work.
(2) The amount of notice you provide to your
				employer will not be a factor in evaluating whether you had good cause to leave
				work under this section. You will not be penalized for:
(a) Failing to provide notice to your
				employer prior to leaving work;
(b)
				Providing several weeks advance notice because you are making preparations to
				leave the situation;
(c) Not
				disclosing the domestic violence or stalking to your employer;
(d) Enduring domestic violence or stalking
				for an extended period of time before the job separation; or
(e) Leaving work when there has not been a
				recent act of domestic violence or stalking, provided you had a reasonable fear
				of future domestic violence or stalking.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-115 - Reduction in compensation of twenty-five percent or more - RCW 50.20.050 (2)(b)(v)

Current through Register Vol. 24-14, July 15, 2024
(1)
				"Compensation" means remuneration as defined in
				RCW
				   50.04.320.
(2) "Usual" includes amounts actually paid to
				you by your employer or, if payment has not yet been made, the compensation
				agreed upon by you and your employer as part of your hiring
				agreement.
(3) To constitute good
				cause for quitting work under this section, employer action must have caused
				the reduction in your usual compensation.
(4) All reductions in compensation occurring
				since the beginning of your base period to the date of separation will be
				included in the determination as to whether your compensation was reduced by
				twenty-five percent or more.
(5)
				The percentage of reduction will be based on your most recent pay grade,
				salary, or other benefits you received or have accepted on a permanent basis.
				It does not include any temporary raises or other compensation for performing
				temporary duties.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-115, filed 12/9/04,
					 effective 1/9/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-120 - Reduction in hours of twenty-five percent or more - RCW 50.20.050 (2)(b)(vi)

Current through Register Vol. 24-14, July 15, 2024
(1)
				Your "usual hours" will be determined based on:
(a) The hours of work agreed on by you and
				your employer as part of your individual hiring agreement;
(b) For seasonal jobs, the number of hours
				you customarily work during the season; or
(c) For piecework, the number of hours you
				customarily work to complete a fixed volume of work.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-125 - Change in worksite - RCW 50.20.050 (2)(b)(vii)

Current through Register Vol. 24-14, July 15, 2024
(1) The location of your employment must have
				changed due to employer action. The change must have:
(a) Substantially increased the distance you
				travel to the new worksite or increased the difficulty or inconvenience of
				travel; and
(b) Resulted in a
				commute distance or time that is greater than is customary for workers in your
				job classification and labor market area.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-130 - Worksite safety - RCW 50.20.050 (2)(b)(viii)

Current through Register Vol. 24-14, July 15, 2024
(1) At the time of hire, you can reasonably
				expect that your worksite complies with applicable federal and state health and
				safety regulations. If, after beginning work or accepting the job offer, you
				become aware of a safety issue that was not previously disclosed by your
				employer, the department will consider the safety of the worksite to have
				deteriorated.
(2) To establish good
				cause for quitting work under this section, you must notify your employer of
				the safety issue and give your employer a reasonable period of time to correct
				the situation. For purposes of this section:
(a) "Employer" means your supervisor,
				manager, or other individual who could reasonably be expected to have authority
				to correct the safety condition at issue;
(b) "Reasonable period of time" means the
				amount of time a reasonably prudent person would have remained at the worksite
				or continued working in the presence of the condition at issue. In addition:
(i) For health or safety issues that present
				imminent danger of serious bodily injury or death to any person, your employer
				must take immediate steps to correct the situation;
(ii) If your employer has been issued a
				citation by a regulatory agency charged with monitoring health or safety
				conditions, the employer must correct the condition within the time period
				specified in the citation.
(c) "Serious bodily injury" means bodily
				injury which creates a probability of death, or which causes serious permanent
				disfigurement, or which causes a significant loss or impairment of the function
				of any bodily part or organ whether permanent or temporary.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-135 - Illegal activities at the worksite - RCW 50.20.050 (2)(b)(ix)

Current through Register Vol. 24-14, July 15, 2024
(1) Illegal
				activities include violations of both civil and criminal law.
(2) To establish good cause for quitting work
				under this section, you must notify your employer of the illegal activity and
				give your employer a reasonable period of time to correct the situation. You
				are not required to notify your employer before quitting when your employer is
				conducting the illegal activity and notifying your employer could jeopardize
				your safety or is contrary to other federal and state laws (for example,
				whistleblower protection laws).
(3)
				"Employer" means your supervisor, manager, or other individual who could
				reasonably be expected to have authority to correct the illegal activity at
				issue;
(4) A "reasonable period of
				time" is the period a reasonably prudent person would be expected to continue
				working in the presence of the activity at issue.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-135, filed 12/9/04,
					 effective 1/9/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-140 - Change in usual work that violates religious or sincere moral beliefs - RCW 50.20.050 (2)(b)(x)

Current through Register Vol. 24-14, July 15, 2024
(1) For
				purposes of this section, "usual work" means job duties or conditions:
(a) Originally agreed upon by you and your
				employer in your hiring agreement; or
(b) Customary for workers in your job
				classification; or
(c) You
				consistently performed during your base period; or
(d) Mutually agreed to by you and your
				employer prior to the employer action changing your job duties.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-145 - Change in working conditions covered by RCW 50.20.050 (2)(b)(v) through (x)

Current through Register Vol. 24-14, July 15, 2024
(1) If you quit
				work due to a change in working conditions that meets the requirements of
				RCW
				   50.20.050(2)(b)(v) through
				(x), the department will not deny benefits
				solely on the basis that you continued working for a brief period of time
				following the change. However, you must demonstrate to the department that the
				change in working conditions was the motivating factor for quitting
				work.
(2) "Brief period of time"
				means the amount of time a reasonably prudent person would have continued
				working after the change in circumstances.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 10-11-046, §
											192-150-145, filed 5/12/10,
					 effective 6/12/10.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-150 - When is a separation considered a refusal of new work?

Current through Register Vol. 24-14, July 15, 2024
(1) Section 3304(a)(5) of the Federal
				Unemployment Tax Act and
				RCW
				   50.20.110 state that you cannot be denied
				benefits if you refuse to accept new work when the wages, hours, or other
				working conditions are substantially less favorable than those prevailing for
				similar work in your local labor market.
(2) For purposes of this chapter, "new work"
				includes an offer by your present employer of:
(a) Different duties than those you agreed to
				perform in your current employment contract or agreement; or
(b) Different terms or conditions of
				employment from those in the existing contract or agreement.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-155 - Verification requirement for an underlying health condition under RCW 50.20.050 (2)(b)(xii)(C)(II)

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) An
				individual who asserts they have good cause to voluntarily quit employment
				because they or another individual living with them have an underlying health
				condition that is identified as a risk factor for a disease that is the subject
				of a public health emergency will need to provide certification from a health
				care provider.
(b) The
				certification must include:
(i) The name,
				address, telephone number, and contact information of the health care provider
				and type of medicine the health provider is licensed to practice; and
(ii) Information from a health care provider
				sufficient to establish that the individual or another individual living with
				them have an underlying health condition that is identified as a risk factor
				for a disease that is the subject of a public health emergency.
(c) The department will deny
				benefits under WAC
				192-140-105
				if the individual fails to provide the certification.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-160 - Entering approved apprenticeship training - RCW 50.20.050 (2)(b)(xi)

Current through Register Vol. 24-14, July 15, 2024
(1)
Application.
This section applies only if you quit work to enter
				into related/supplemental (classroom) instruction that is part of an
				apprenticeship program. If you quit work to begin employment for an employer
				who is a party to an apprenticeship agreement, the department will review the
				separation under
				RCW
				   50.20.050(2)(b)(i) and WAC
				192-150-050 to determine if you
				left work to accept a bona fide job offer.
(2)
Definitions.
For purposes of
				this chapter:
(a) "To enter" means to begin
				participation in the apprenticeship program.
(i) The term "to enter" includes:
(A) Apprentices who accept temporary work
				with an employer who is not a party to the apprenticeship agreement and quit
				work to reenter training.
(B)
				Apprentices who quit work for a participating employer to enter a different
				apprenticeship program.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-165 - Leaving work at a health care facility during a public health emergency

Current through Register Vol. 24-14, July 15, 2024
With respect to claims that occur on or after July 4, 2021, a
				  claimant has good cause for leaving work and is not disqualified from benefits
				  under RCW
				     50.20.050(2)(a) if the
				  claimant worked at a health care facility as defined in
				  RCW
				     9A.50.010, was directly involved in the
				  delivery of health services, and left work on a day of an active public health
				  emergency for a period of quarantine consistent with the recommended guidance
				  from the United States Centers for Disease Control and Prevention or subject to
				  the direction of the state or local health jurisdiction because of exposure to
				  or contracting the disease that is the subject of the public health
				  emergency.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-180 - Quitting part-time work-RCW 50.20.050(4)

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
For purposes of
				this section:
(a) "Part-time work" means
				fewer than thirty-five hours of work per week.
(b) "Full-time work" means work of
				thirty-five or more hours per week.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-200 - General provisions - Misconduct and gross misconduct - RCW 50.04.294 and 50.20.066

Current through Register Vol. 24-14, July 15, 2024
(1) The
				action or behavior that resulted in your discharge or suspension from
				employment must be connected with your work to constitute misconduct or gross
				misconduct.
(2) For purposes of
				this section, the action or behavior is connected with your work if it results
				in harm or creates the potential for harm to your employer's interests. This
				harm may be tangible, such as damage to equipment or property, or intangible,
				such as damage to your employer's reputation or a negative impact on staff
				morale.
(3)RCW
				   50.04.294, subsections (1)(c) and (3)(b),
				will be distinguished as follows:
(a)
				Subsection (1)(c) "Carelessness or negligence that causes or would likely cause
				serious bodily harm to your employer or fellow employee" means that your action
				results in serious bodily injury or a reasonably prudent person would know it
				is likely to result in serious bodily injury.
(b) Subsection (3)(b) "Inadvertence or
				ordinary negligence in isolated instances" means that your action is an
				accident or mistake and is not likely to result in serious bodily
				injury.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-205 - Definitions - Misconduct and gross misconduct - RCW 50.04.294 and 50.20.066

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions will
				  apply:
(1) "Willful" means intentional
				behavior done deliberately or knowingly, where you are aware that you are
				violating or disregarding the rights of your employer or a co-worker.
(2) "Wanton" means malicious behavior showing
				extreme indifference to a risk, injury, or harm to another that is known or
				should have been known to you. It includes a failure to act when there is a
				duty to do so, knowing that injury could result.
(3) "Carelessness" and "negligence" mean
				failure to exercise the care that a reasonably prudent person usually
				exercises.
(4) "Serious bodily
				harm" means bodily injury which creates a probability of death, or which causes
				significant permanent disfigurement, or which causes a significant loss or
				impairment of the function of any bodily part or organ.
(5) "Criminal act" means any act classified
				as a felony, gross misdemeanor, or misdemeanor under state or federal
				law.
(6) "Flagrant" means
				conspicuously bad or offensive behavior showing contemptuous disregard for the
				law, morality, or the rights of others. This blatant behavior must be so
				obviously inconsistent with what is right or proper that it can neither escape
				notice nor be condoned.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-205, filed 12/9/04,
					 effective 1/9/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-210 - Willful or wanton disregard - RCW 50.04.294 (1)(a) and (2)

Current through Register Vol. 24-14, July 15, 2024
(1) "Repeated
				inexcusable tardiness" means repeated instances of tardiness that are
				unjustified or that would not cause a reasonably prudent person in the same
				circumstances to be tardy. Your employer must have warned you at least twice,
				either verbally or in writing, about your tardiness, and violation of such
				warnings must have been the immediate cause of your discharge.
(2) "Dishonesty related to employment" means
				the intent to deceive the employer on a material fact. It includes, but is not
				limited to, making a false statement on an employment application and
				falsifying the employer's records.
(3) "Repeated and inexcusable absences" means
				repeated absences that are unjustified or that would not cause a reasonably
				prudent person in the same circumstances to be absent. Previous warnings from
				your employer are not required, but your repeated absences must have been the
				immediate cause of your discharge.
(4) A company rule is reasonable if it is
				related to your job duties, is a normal business requirement or practice for
				your occupation or industry, or is required by law or regulation.
(5) The department will find that you knew or
				should have known about a company rule if you were provided an employee
				orientation on company rules, you were provided a copy or summary of the rule
				in writing, or the rule is posted in an area that is normally frequented by you
				and your co-workers, and the rule is conveyed or posted in a language that can
				be understood by you.
(6) You are
				considered to be acting within your "scope of employment" if you are:
(a) Representing your employer in an official
				capacity;
(b) On your employer's
				property whether on duty or not;
(c) Operating equipment under your employer's
				ownership or control;
(d)
				Delivering products or goods on behalf of your employer; or
(e) Acting in any other capacity at the
				direction of your employer.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-215 - Discharges for gross misconduct - Responsibility for providing information

Current through Register Vol. 24-14, July 15, 2024
In any job separation where there is a potential
				  disqualification under
				  RCW
				     50.20.066(3), the employer
				  is responsible for notifying the department in a timely manner when the issue
				  is resolved.
If an employer notifies the department of a potential
				  disqualification under
				  RCW
				     50.20.066(3) within ten days
				  of receiving the notice required by WAC
				  192-130-060, the department will
				  review the claimant's eligibility for benefits.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 07-22-055, §
											192-150-215, filed 11/1/07,
					 effective 12/2/07. Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-150-215, filed 12/9/04,
					 effective 1/9/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-220 - Discharges for gross misconduct - Definitions - Canceling wage credits

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
(a) "Criminal act"
				means every action defined as a crime by the applicable state or federal
				statutes, including felonies and gross misdemeanors.
(b) "Felony" means every crime that is
				defined as such by the applicable state or federal statutes.
(c) "Gross misdemeanor" means every crime
				which is defined as such by the applicable state or federal statutes.
(d) A "competent authority" is:
(i) A court (including magistrate or court
				commissioner), prosecuting attorney, or law enforcement agency; or
(ii) An administrative law judge;
				or
(iii) A regulatory agency or
				professional association charged by law with maintaining professional standards
				or codes of conduct; or
(iv) Any
				other person or body, other than your employer, with authority to administer
				disciplinary action against you.
(e) An admission to your employer or to an
				employee of the department that you have committed a criminal act is not
				considered an admission to a competent authority for the purposes of
				RCW
				   50.20.066.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-225 - Examples of flagrant and wanton misconduct

Current through Register Vol. 24-14, July 15, 2024
(1) Examples of behaviors that may constitute
				flagrant and wanton conduct resulting in a finding of gross misconduct include,
				but are not limited to:
(a) A medical
				provider under the influence of illegal narcotics while at work;
(b) A health care worker who steals money or
				valuables from patients;
(c) A
				commercial truck driver under the influence of alcohol while operating the
				employer's vehicle;
(d) A school
				employee convicted of conduct that requires the individual to register as a sex
				offender;
(e) An attorney convicted
				of conduct that results in being disbarred or suspended from the practice of
				law; or
(f) A department store
				employee who secretly films or photographs customers in the store's fitting
				rooms.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-230 - What happens if I am discharged prior to the effective date of my resignation?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Except as provided in subsection (2) of this section, if you notify your
				employer that you are resigning from your job and the employer discharges you
				prior to the end of the notice period, the separation is treated as a
				discharge. The department will not deny benefits unless the employer can show
				that you were discharged for misconduct.
(2) If your employer pays you through the
				notice period but requires no work, the separation is treated as a quit. The
				separation date is the last day of the notice period. Payment for the notice
				period is deductible from benefits as payment in lieu of notice.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 10-11-046, §
											192-150-230, filed 5/12/10,
					 effective 6/12/10.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-150 - Job separations › Section 192-150-235 - Health care workers and periods of quarantine

Current through Register Vol. 24-14, July 15, 2024
(1) It is not misconduct for a health care
				worker to leave work for the period of quarantine consistent with the
				recommended guidance from the United States Centers for Disease Control and
				Prevention or subject to the direction of the state or local health
				jurisdiction because of exposure to or contracting the disease that is the
				subject of the declaration of the public health emergency.
(2) For purposes of this section, the public
				health emergency must be active on the date the health care worker leaves
				work.
(3) For purposes of this
				section, "health care worker" means an individual who worked at a health care
				facility as defined in
				RCW
				   9A.50.010 and was directly involved in the
				delivery of health services.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-010 - Availability for work-RCW 50.20.010

Current through Register Vol. 24-14, July 15, 2024
(1)
				In general, the department will consider you available for work if you:
(a) Are willing to accept suitable full-time,
				part-time, and temporary work during the usual hours and days of the week
				customary for your occupation.
(i) You are not
				required to accept part-time or temporary work if it would substantially
				interfere with your return to your regular occupation.
(ii) The requirement to be willing to accept
				full-time work does not apply under the circumstances described in WAC
				192-170-050 (1)(b) or 192-170-070;
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-015 - Verification requirement for an underlying health condition under RCW 50.20.010 (4)(b)(ii)

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) An individual who limits their
				availability for work because they or another individual living with them have
				an underlying health condition that is identified as a risk factor for a
				disease that is the subject of a public health emergency may need to provide
				certification from a health care provider.
(b) The certification must include:
(i) The name, address, telephone number, and
				contact information of the health care provider and type of medicine the health
				provider is licensed to practice; and
(ii) Information from a health care provider
				sufficient to establish that the individual or another individual living with
				them have an underlying health condition that is identified as a risk factor
				for a disease that is the subject of a public health emergency.
(c) The department may require the
				individual to provide additional documentation or certification to substantiate
				the underlying health condition if:
(i)
				Circumstances of the underlying health condition change;
(ii) Information is provided to the
				department that the employee may no longer have an underlying health condition;
				or
(iii) Other circumstances cause
				the department to question the existence or continued existence of the
				individual's underlying health condition.
(d) The department will deny benefits under
				WAC
				192-140-070
				if the individual fails to provide the certification when requested.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-020 - Benefit reductions due to only partial availability-RCW 50.20.130(1)

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				available for at least forty hours during the week during the hours customary
				for your trade or occupation, benefits will not be reduced under
				RCW
				   50.20.130(1).
(2) If you are available for at least
				thirty-five but less than forty hours during the week during the hours
				customary for your trade or occupation, your weekly benefit amount will be
				reduced by one-seventh.
(3) If you
				are available for at least thirty but less than thirty-five hours during the
				week during the hours customary for your trade or occupation, your weekly
				benefit amount will be reduced by two-sevenths.
(4) If you are not available for at least
				thirty hours during the week during the hours customary for your trade or
				occupation, benefits will be denied under
				RCW
				   50.20.010(1)(c).
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-050 - Suitable work factors-RCW 50.20.100 and 50.20.110

Current through Register Vol. 24-14, July 15, 2024
(1)
Physical fitness.
In
				determining whether work is suitable as defined by
				RCW
				   50.20.100 and
				50.20.110,
				the department will consider whether you have a disability that prevents you
				from performing the essential functions of the job without a substantial risk
				to your health or safety.
(a) For purposes of
				this section, the term "disability" means a sensory, mental, or physical
				condition that:
(i) Is medically recognizable
				or diagnosable;
(ii) Exists as a
				record or history; and
(iii)
				Substantially limits the proper performance of your job.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-055 - Suitable work factors-Public health emergency

Current through Register Vol. 24-14, July 15, 2024
In determining whether work is suitable as defined by
				  RCW
				     50.20.100 and
				  50.20.110, the department will
				  consider the degree of risk to the health of those residing with the individual
				  during a public health emergency. Work will only be considered unsuitable due
				  to risks associated with a public health emergency on the days the public
				  health emergency declaration is in effect.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-060 - Suitable work factors - Domestic violence or stalking - RCW 50.20.050 (2)(b)(iv)

Current through Register Vol. 24-14, July 15, 2024
When the department decides you left work for good cause due
				  to domestic violence or stalking, you are required to be available for suitable
				  work to receive benefits. Suitable work is work that is in keeping with your
				  prior experience, employment or training. Suitability of work must also include
				  consideration of your need to address the physical, psychological, legal and
				  other effects of domestic violence or stalking. A job is not considered
				  suitable when it would require you to be available on a day or at a specific
				  time that conflicts with your need to address the effects of the domestic
				  violence or stalking.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.12.042, and
					 50.20.010. 05-13-156, §
											192-170-060, filed 6/21/05,
					 effective 7/22/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-065 - Suitable work factors - Agricultural labor - RCW 50.04.150 and 50.20.100

Current through Register Vol. 24-14, July 15, 2024
When deciding whether agricultural labor is suitable work for
				  you, the department will consider the degree of risk involved to your health,
				  safety, and morals, your physical fitness, your skill level, your length of
				  unemployment and prospects for work in your customary occupation, the distance
				  of the available work from your residence, and other factors pertinent to your
				  ability to perform the work.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 10-11-046, §
											192-170-065, filed 5/12/10,
					 effective 6/12/10.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-070 - What are the availability requirements for part-time eligible workers?-RCW 50.20.119

Current through Register Vol. 24-14, July 15, 2024
If you are a part-time eligible worker as defined in
				  RCW
				     50.20.119:
(1) You must be willing to accept work of 17
				or fewer hours per week. You may refuse any job of 18 or more hours per
				week.
(2) You must be available for
				work at least 17 hours per week during the usual hours and days of the week
				customary for your occupation.
(3)
				You must not impose conditions on your availability that substantially reduce
				or limit your opportunity to return to work at the earliest possible
				time.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.12.042. 05-19-018, §
											192-170-070, filed 9/9/05,
					 effective 10/10/05.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-080 - Leave of absence

Current through Register Vol. 24-14, July 15, 2024
(1) A leave of
				absence is an absence from work mutually and voluntarily agreed upon by you and
				your employer or a collective bargaining agent, or leave to which you are
				entitled under federal or state law, where the employer-employee relationship
				is continued and you will be reinstated in the same or similar job when the
				leave expires.
(a) If you are on a leave of
				absence, you are eligible for unemployment insurance benefits as long as you
				meet:
(i) The definition of "unemployed" per
				RCW
				   50.04.310; and
(ii) All other eligibility requirements
				provided per
				RCW
				   50.20.010.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-090 - Incarceration

Current through Register Vol. 24-14, July 15, 2024
(1) If you were
				previously warned that your continued employment was in jeopardy because of
				poor attendance, and you engage in illegal activities where you are aware there
				is a clear possibility of arrest and detention, misconduct may be established
				under
				RCW
				   50.04.294(2)(d) or
				(e).
(2) If you are jailed but later released
				without having been charged with or convicted of a crime, the separation is not
				considered misconduct except as provided in subsection (3) of this
				section.
(3) If your employer
				discharges you for absenteeism or job abandonment because you failed without
				good cause to notify the employer of your incarceration or anticipated release
				date, such failure may be considered misconduct.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 10-11-046, §
											192-170-090, filed 5/12/10,
					 effective 6/12/10.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-170 - Availability for work › Section 192-170-100 - AmeriCorps and AmeriCorps VISTA volunteers

Current through Register Vol. 24-14, July 15, 2024
(1) AmeriCorps volunteers enroll with
				nonprofit organizations to provide services within the state. They may enroll
				in full-time or part-time programs. If you enroll in a part-time program, you
				can seek and accept other work. You are potentially eligible for benefits if
				you are immediately available for and seeking full-time work.
(2) AmeriCorps VISTA (volunteers in service
				to America) volunteers are assigned to public or private organizations to work
				towards meeting community needs. The contract requires they be available for
				service each day and evening of the week. AmeriCorps VISTA volunteers are not
				available for work. You are not eligible for benefits while under contract,
				even if you received benefits prior to enrollment in service.
(3) Stipends received as an AmeriCorps or
				AmeriCorps VISTA volunteer are not covered employment. They may not be used to
				requalify for benefits after a denial for a quit, discharge, or job
				refusal.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040, and
					 50.20.010. 10-11-046, §
											192-170-100, filed 5/12/10,
					 effective 6/12/10.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-180 - Job search requirements › Section 192-180-005 - Registration for work-RCW 50.20.010(1) and 50.20.230

Current through Register Vol. 24-14, July 15, 2024
(1)
Am I required to register for
				work?
You must register for work unless you are:
(a) Attached to an employer, meaning you are:
(i) Partially unemployed as defined in WAC
				192-180-013(1);
(ii) On standby as defined by WAC
				192-110-015;
(iii) Unemployed because you are on strike or
				locked out from the worksite as provided in
				RCW
				   50.20.090; or
(iv) Participating in the shared work program
				under chapter 50.60 RCW;
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-180 - Job search requirements › Section 192-180-010 - Job search requirements-Directives-RCW 5020010 (1)(c) and 5020240

Current through Register Vol. 24-14, July 15, 2024
(1)
Do I have
				to look for work?
You must be actively seeking work unless you are:
(a) Attached to an employer as defined in WAC
				192180-005(1);
(b) Participating in
				a training program approved by the commissioner; or
(c) An active registered electrical
				apprentice in an approved electrical apprenticeship program under chapter 49.04
				RCW and chapter 296-05 WAC.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-180 - Job search requirements › Section 192-180-012 - Requirements of individuals who leave work due to illness or disability

Current through Register Vol. 24-14, July 15, 2024
If you leave work because of your illness or
				  disability:
(1) To be eligible for
				unemployment benefits, you must meet the job search requirements described in
				RCW
				   50.20.240; and
(2) The department will provide you with a
				directive that lists the job search requirements you must meet to maintain your
				eligibility for benefits. These job search requirements will not be more
				stringent than those imposed on claimants who are not disabled.
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.20.010. 02-08-072, §
											192-180-012, filed 4/2/02,
					 effective 5/3/02.