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268.09 Reemployment insurance; disqualified from benefits.

Subdivision 1. Repealed, 1997 c 66 s 81

Subd. 1a. Quit. A claimant who quits employment shall be disqualified from benefits:

(1) unless the claimant quit the employment because of a good reason caused by the employer;

(2) unless the claimant quit the employment to accept other covered employment that provided substantially higher wages or substantially better conditions of employment or both, but the claimant did not work long enough at the other employment to have sufficient subsequent earnings to satisfy the disqualification that would otherwise be imposed;

(3) unless the claimant quit the employment within 30 calendar days of commencing the employment because the employment was unsuitable for the claimant;

(4) unless the employment was unsuitable for the claimant and the claimant quit to enter approved training;

(5) unless the employment was part time and the claimant had full-time employment in the base period, that the claimant separated from because of nondisqualifying reasons, sufficient to meet the minimum requirements to establish a reemployment insurance account under section 268.07, subdivision 2; or

(6) unless the claimant quit the employment because of the claimant's serious illness, provided that the claimant made reasonable efforts to retain that employment in spite of the serious illness.

A claimant who quit employment because of the claimant's serious illness of chemical dependency, has not made reasonable efforts to retain the employment if the claimant has previously been professionally diagnosed as chemically dependent, or has previously voluntarily submitted to treatment for chemical dependency, and has failed to make consistent efforts to maintain the treatment the claimant knows or has been professionally advised is necessary to control the chemical dependency.

Subd. 2. Repealed, 1997 c 66 s 81

Subd. 2a. Quit defined. A quit from employment occurs when the decision to end the employment was, at the time the employment ended, the employee's. An employee who seeks to withdraw a previously submitted notice of quitting shall be considered to have quit the employment if the employer does not agree that the notice may be withdrawn.

Subd. 3. Renumbered subd 18

Subd. 4. Repealed, 1997 c 66 s 81

Subd. 5. Repealed, 1997 c 66 s 81

Subd. 6. Repealed, 1997 c 66 s 81

Subd. 7. Repealed, 1997 c 66 s 81

Subd. 8. Repealed, 1997 c 66 s 81

Subd. 9. Good reason caused by the employer defined. (a) A good reason caused by the employer for quitting is a reason:

(1) that is directly related to the employment and for which the employer is responsible; and

(2) that is significant and would compel an average, reasonable worker to quit.

(b) A claimant has a good reason caused by the employer for quitting if it results from sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication of a sexual nature when:

(1) the claimant's submission to the conduct or communication is made a term or condition of the employment;

(2) the claimant's submission to or rejection of the conduct or communication is the basis for decisions affecting employment; or

(3) the conduct or communication has the purpose or effect of substantially interfering with a claimant's work performance or creating an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.

Subd. 10. Discharge. A claimant who is discharged from employment by an employer shall not be disqualified from benefits:

(1) unless the claimant was discharged because of misconduct that interfered with and adversely affected that employment. This clause shall not apply if:

(i) the misconduct was a direct result of the claimant's serious illness provided that the claimant made reasonable efforts to retain the employment in spite of the serious illness. If the misconduct was a direct result of the claimant's chemical dependency, the claimant has not made reasonable efforts to retain employment if the claimant has previously been professionally diagnosed chemically dependent or the claimant has previously voluntarily submitted to treatment for chemical dependency and has failed to make consistent efforts to maintain the treatment the claimant knows or has been professionally advised is necessary to control the chemical dependency; or

(ii) the employment was part time and the claimant had full-time employment in the base period, that the claimant separated from because of nondisqualifying reasons, sufficient to meet the minimum requirements to establish a reemployment insurance account under section 268.07, subdivision 2;

(2) unless the claimant was discharged because of gross misconduct that interfered with and adversely affected that employment. For the purpose of this clause, "gross misconduct" means:

(i) the commission of any act that amounts to a gross misdemeanor or felony; or

(ii) for an employee of a facility as defined in section 626.5572, gross misconduct includes an act of patient or resident abuse, financial exploitation, or recurring or serious neglect, as defined in section 626.5572 and applicable rules.

If a claimant is convicted of a gross misdemeanor or felony for the same act or acts for which the claimant was discharged, it is conclusively presumed to be gross misconduct; or

(3) if the claimant was discharged because the claimant gave notice of intention to quit the employment within 30 calendar days. This clause shall be effective only through the end of the calendar week that includes the intended date of quitting. Thereafter the separation from employment shall be considered a quit of employment by the claimant, and a disqualification, if any, shall commence with the Sunday of the week following the week that includes the intended date of quitting.

Subd. 11. Discharge defined. A discharge from employment occurs when any words or actions by an employer would lead a reasonable employee to believe that the employee's services are no longer desired by the employer. A layoff due to lack of work shall be considered a discharge. A suspension from employment of more than 30 calendar days shall be considered a discharge.

Subd. 12. Misconduct defined. Misconduct is intentional conduct showing a disregard of:

(1) the employer's interest;

(2) the standards of behavior that an employer has the right to expect of the employee; or

(3) the employee's duties and obligations to the employer. Misconduct also includes negligent conduct by an employee demonstrating a substantial lack of concern for the employment. Inefficiency, inadvertence, simple unsatisfactory conduct, or poor performance as a result of inability or incapacity are not misconduct.

Subd. 13. Act or omissions after separation. Except as provided for under subdivision 14, a claimant shall not be disqualified from benefits for any acts or omissions occurring after the claimant's separation from employment with the employer.

Subd. 14. Offers of employment. (a) A claimant shall be disqualified from benefits if the claimant, without good cause:

(1) failed to apply for available, suitable employment of which the claimant was advised by the commissioner or an employer;

(2) failed to accept suitable employment when offered; or

(3) avoided an offer of suitable employment.

(b) The claimant shall not be disqualified from benefits under paragraph (a) if the claimant:

(1) was in approved training; or

(2) formerly worked for the employer and the claimant's last separation from employment with the employer occurred prior to the commencement of a strike or other labor dispute, was permanent or for an indefinite period, and the claimant failed to apply for or accept reemployment because a strike or other labor dispute was in progress at the establishment where the claimant was previously employed by that employer.

Subd. 15. Suitable employment defined. (a) Suitable employment is employment in the claimant's labor market area that is reasonably related to the claimant's qualifications. In determining whether any employment is suitable for a claimant, the degree of risk involved to the health and safety, physical fitness, prior training, experience, length of unemployment, prospects for securing local employment in the claimant's customary occupation, and the distance of the employment from the claimant's residence shall be considered.

(b) No employment shall be considered suitable if:

(1) the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(2) the wages, hours, or other conditions of employment are substantially less favorable than those prevailing for similar employment in the locality; or

(3) as a condition of becoming employed, the claimant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

Subd. 16. Disqualification duration. (a) A disqualification from the payment of benefits under subdivisions 1a, 10, and 14 shall be for the duration of the claimant's unemployment and until the end of the calendar week in which the claimant had total earnings in subsequent covered employment of eight times the claimant's weekly benefit amount.

(b) Any disqualification imposed under subdivisions 1a and 10 shall commence on the Sunday of the week in which the claimant became separated from employment. Any disqualification imposed under subdivision 14 shall commence on the Sunday of the week the claimant failed to apply for, accept, or avoided employment.

(c) Notwithstanding paragraph (a), if the claimant was discharged from employment because of gross misconduct that interfered with and adversely affected that employment, the disqualification shall be for the duration of the claimant's unemployment and until the end of the calendar week in which the claimant had total earnings in subsequent covered employment of 12 times the claimant's weekly benefit amount. In addition, wage credits from that employment shall be canceled and the claimant's reemployment insurance account redetermined pursuant to section 268.07, subdivision 1, paragraph (d).

Subd. 17. Application. This section shall apply to:

(1) all covered employment, full time or part time, temporary or limited duration, permanent or indefinite duration, that occurred during the base period, the period between the end of the base period and the effective date of the reemployment insurance account, or the benefit year, except as provided for in subdivisions 1a, clause (5); and 10, clause (1)(ii); or

(2) all covered employment occurring in this state, any other state, federal employment, or employment covered under the Railroad Unemployment Compensation Act.

Subd. 18. Labor dispute. (a) A claimant who has left or partially or totally lost employment with an employer because of a strike or other labor dispute at the establishment where the claimant is or was employed shall be disqualified from benefits:

(1) until the end of the calendar week that the strike or labor dispute was in active progress if the claimant is participating in or directly interested in the strike or labor dispute; or

(2) until the end of the calendar week that the strike or labor dispute commenced if the claimant is not participating in or directly interested in the strike or labor dispute.

Participation includes the failure or refusal by a claimant to accept and perform available and customary work at the establishment.

(b) A claimant who has left or partially or totally lost employment with an employer because of a jurisdictional controversy between two or more labor organizations at the establishment where the claimant is or was employed shall be disqualified for benefits until the end of the calendar week that the jurisdictional controversy was in progress.

(c) A claimant shall not be disqualified from benefits under this subdivision if:

(1) the claimant becomes unemployed because of a strike caused by an employer's willful failure to observe the terms of the safety and health section of a union contract or failure to comply with an official citation for a violation of federal and state laws involving occupational safety and health;

(2) the claimant becomes unemployed because of a lockout; or

(3) the claimant is discharged during the period of negotiation and prior to the commencement of a strike or other labor dispute.

(d) A quit from employment by the claimant during the time that the strike or other labor dispute is in active progress at the establishment shall not be deemed to terminate the claimant's participation in or direct interest in the strike or other labor dispute for purposes of this subdivision.

(e) For the purpose of this subdivision, the term "labor dispute" shall have the same definition as provided in section 179.01, subdivision 7.

HIST: (4337-27) Ex1936 c 2 s 7; 1937 c 401 s 1; 1939 c 443 s 6; 1941 c 554 s 6; 1943 c 650 s 5; 1945 c 376 s 6; 1947 c 432 s 7; 1965 c 741 s 17; 1967 c 342 s 1; 1967 c 573 s 5; 1969 c 42 s 1; 1971 c 942 s 11; 1973 c 23 s 1; 1973 c 599 s 9; 1974 c 477 s 1; 1975 c 336 s 16; 1977 c 4 s 8; 1977 c 242 s 1; 1977 c 297 s 19; 1978 c 618 s 1; 1979 c 181 s 11-13; 1980 c 508 s 9; 1982 c 619 s 1; 1Sp1982 c 1 s 26-28; 1983 c 372 s 26,27; 1986 c 444; 1987 c 362 s 19,20; 1987 c 385 s 23,24; 1989 c 65 s 8; 1989 c 209 art 2 s 1; 1992 c 484 s 11,12; 1993 c 67 s 5-7; 1994 c 488 s 4,8; 1995 c 229 art 3 s 15; 1996 c 417 s 19,20,31; 1997 c 66 s 43-54,79