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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 268

Section 268.095

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Recent History

268.095 INELIGIBILITY BECAUSE OF A QUIT OR DISCHARGE.
    Subdivision 1. Quit. An applicant who quit employment is ineligible for all unemployment
benefits according to subdivision 10 except when:
    (1) the applicant quit the employment because of a good reason caused by the employer
as defined in subdivision 3;
    (2) the applicant quit the employment to accept other covered employment that provided
substantially better terms and conditions of employment, but the applicant did not work long
enough at the second employment to have sufficient subsequent earnings to satisfy the period
of ineligibility that would otherwise be imposed under subdivision 10 for quitting the first
employment;
    (3) the applicant quit the employment within 30 calendar days of beginning the employment
because the employment was unsuitable for the applicant;
    (4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;
    (5) the employment was part time and the applicant also had full-time employment in the base
period, from which full-time employment the applicant separated because of reasons for which the
applicant was held not to be ineligible, and the wage credits from the full-time employment are
sufficient to meet the minimum requirements to establish a benefit account under section 268.07;
    (6) the applicant quit because the employer notified the applicant that the applicant was going
to be laid off because of lack of work within 30 calendar days. An applicant who quit employment
within 30 calendar days of a notified date of layoff because of lack of work is ineligible for
unemployment benefits through the end of the week that includes the scheduled date of layoff;
    (7) the applicant quit the employment because the applicant's serious illness or injury made it
medically necessary that the applicant quit, provided that the applicant inform the employer of
the serious illness or injury and request accommodation and no reasonable accommodation is
made available.
    If the applicant's serious illness is chemical dependency, this exception does not apply if
the applicant was previously diagnosed as chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent efforts to control
the chemical dependency.
    This exception raises an issue of the applicant's being able to work under section 268.085,
subdivision 1
, that the commissioner shall determine;
    (8) the applicant's loss of child care for the applicant's minor child caused the applicant to
quit the employment, provided the applicant made reasonable effort to obtain other child care and
requested time off or other accommodation from the employer and no reasonable accommodation
is available.
    This exception raises an issue of the applicant's availability for suitable employment under
section 268.085, subdivision 1, that the commissioner shall determine; or
    (9) domestic abuse of the applicant or the applicant's minor child, necessitated the applicant's
quitting the employment. Domestic abuse must be shown by one or more of the following:
    (i) a district court order for protection or other documentation of equitable relief issued
by a court;
    (ii) a police record documenting the domestic abuse;
    (iii) documentation that the perpetrator of the domestic abuse has been convicted of the
offense of domestic abuse;
    (iv) medical documentation of domestic abuse; or
    (v) written statement that the applicant or the applicant's minor child is a victim of domestic
abuse, provided by a social worker, member of the clergy, shelter worker, attorney at law, or other
professional who has assisted the applicant in dealing with the domestic abuse.
    Domestic abuse for purposes of this clause is defined under section 518B.01.
    Subd. 2. Quit defined. (a) A quit from employment occurs when the decision to end the
employment was, at the time the employment ended, the employee's.
    (b) An employee who has been notified that the employee will be discharged in the future,
who chooses to end the employment while employment in any capacity is still available, is
considered to have quit the employment.
    (c) An employee who seeks to withdraw a previously submitted notice of quitting is
considered to have quit the employment if the employer does not agree that the notice may
be withdrawn.
    (d) An applicant who, within five calendar days after completion of a suitable temporary
job assignment from a staffing service employer, (1) fails without good cause to affirmatively
request an additional job assignment, or (2) refuses without good cause an additional suitable
job assignment offered, is considered to have quit employment.
    This paragraph applies only if, at the time of beginning of employment with the staffing
service employer, the applicant signed and was provided a copy of a separate document written in
clear and concise language that informed the applicant of this paragraph and that unemployment
benefits may be affected.
    For purposes of this paragraph, "good cause" is a reason that is significant and would
compel an average, reasonable worker, who would otherwise want an additional temporary job
assignment with the staffing service employer, (1) to fail to contact the staffing service employer,
or (2) to refuse an offered assignment.
    For purposes of this paragraph, a "staffing service employer" is an employer whose business
involves employing individuals directly for the purpose of furnishing temporary job assignment
workers to clients of the staffing service.
    Subd. 3. 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;
    (2) that is adverse to the worker; and
    (3) that would compel an average, reasonable worker to quit and become unemployed rather
than remaining in the employment.
    (b) The analysis required in paragraph (a) must be applied to the specific facts of each case.
    (c) If an applicant was subjected to adverse working conditions by the employer, the
applicant must complain to the employer and give the employer a reasonable opportunity to
correct the adverse working conditions before that may be considered a good reason caused by
the employer for quitting.
    (d) A reason for quitting employment is not considered a good reason caused by the employer
for quitting if the reason for quitting occurred because of the applicant's employment misconduct.
    (e) Notification of discharge in the future, including a layoff because of lack of work, is not
considered a good reason caused by the employer for quitting.
    (f) An applicant has a good reason caused by the employer for quitting if it results from
sexual harassment of which the employer was aware, or should have been aware, and the
employer failed to take timely and appropriate action. 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 applicant's submission to the conduct or communication is made a term or condition
of the employment;
    (2) the applicant'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 an applicant's work performance or creating an intimidating, hostile, or offensive working
environment.
    (g) The definition of a good reason caused by the employer for quitting employment provided
by this subdivision is exclusive and no other definition applies.
    Subd. 4. Discharge. An applicant who was discharged from employment by an employer is
ineligible for all unemployment benefits according to subdivision 10 only if:
    (1) the applicant was discharged because of employment misconduct as defined in
subdivision 6; or
    (2) the applicant was discharged because of aggravated employment misconduct as defined
in subdivision 6a.
    Subd. 4a.[Renumbered subd 6a]
    Subd. 5. Discharge defined. (a) A discharge from employment occurs when any words or
actions by an employer would lead a reasonable employee to believe that the employer will no
longer allow the employee to work for the employer in any capacity. A layoff because of lack
of work is considered a discharge. A suspension from employment without pay of more than
30 calendar days is considered a discharge.
    (b) An employee who gives notice of intention to quit the employment and is not allowed by
the employer to work the entire notice period is considered discharged from the employment as of
the date the employer will no longer allow the employee to work. If the discharge occurs within
30 calendar days before the intended date of quitting, then, as of the intended date of quitting, the
separation from employment is considered a quit from employment subject to subdivision 1.
    Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the job (1) that displays clearly a
serious violation of the standards of behavior the employer has the right to reasonably expect of
the employee, or (2) that displays clearly a substantial lack of concern for the employment.
    Inefficiency, inadvertence, simple unsatisfactory conduct, a single incident that does not have
a significant adverse impact on the employer, conduct an average reasonable employee would
have engaged in under the circumstances, poor performance because of inability or incapacity,
good faith errors in judgment if judgment was required, or absence because of illness or injury
with proper notice to the employer, are not employment misconduct.
    (b) Conduct that was a direct result of the applicant's chemical dependency is not
employment misconduct unless the applicant was previously diagnosed chemically dependent or
had treatment for chemical dependency, and since that diagnosis or treatment has failed to make
consistent efforts to control the chemical dependency.
    (c) Conduct that was a result of the applicant, or the applicant's minor child, being a victim
of domestic abuse as defined under section 518B.01, is not employment misconduct. Domestic
abuse must be shown as provided for in section 268.095, subdivision 1, clause (9).
    (d) A driving offense in violation of sections 169A.20, 169A.31, or 169A.50 to 169A.53 that
interferes with or adversely affects the employment is employment misconduct.
    (e) The definition of employment misconduct provided by this subdivision is exclusive and
no other definition applies.
    Subd. 6a. Aggravated employment misconduct defined. (a) For the purpose of this section,
"aggravated employment misconduct" means:
    (1) the commission of any act, on the job or off the job, that would amount to a gross
misdemeanor or felony if the act substantially interfered with the employment or had a significant
adverse effect on the employment; or
    (2) for an employee of a facility as defined in section 626.5572, aggravated employment
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.
    (b) If an applicant is convicted of a gross misdemeanor or felony for the same act for which
the applicant was discharged, it is aggravated employment misconduct if the act substantially
interfered with the employment or had a significant adverse effect on the employment.
    (c) The definition of aggravated employment misconduct provided by this subdivision
is exclusive and no other definition applies.
    Subd. 7. Act or omissions after separation. An applicant may not be held ineligible for
unemployment benefits under this section for any acts or omissions occurring after the applicant's
separation from employment with the employer. A layoff because of lack of work is considered a
separation from employment.
    Subd. 8.[Renumbered 268.085, subd 13c]
    Subd. 9.[Renumbered 268.035, subd 23a]
    Subd. 10. Ineligibility duration. (a) Ineligibility from the payment of all unemployment
benefits under subdivisions 1 and 4 is for the duration of the applicant's unemployment and
until the end of the calendar week that the applicant had total earnings in subsequent covered
employment of eight times the applicant's weekly unemployment benefit amount.
    (b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the week that
the applicant became separated from employment.
    (c) In addition to paragraph (a), if the applicant was discharged from employment because of
aggravated employment misconduct, wage credits from that employment are canceled.
    Subd. 11. Application. (a) Section 268.085, subdivision 13c, and this section apply to all
covered employment, full time or part time, temporary or of limited duration, permanent or of
indefinite duration, that occurred in Minnesota during the base period, the period between the
end of the base period and the effective date of the benefit account, or the benefit year, except
as provided for in subdivision 1, clause (5).
    (b) Paragraph (a) also applies to employment covered under an unemployment insurance
program of any other state or established by an act of Congress.
    Subd. 12.[Renumbered 268.085, subd 13b]
History: (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; 1998 c 265 s
25-29,44,45; 1999 c 107 s 44,66; 2000 c 343 s 4; 2000 c 478 art 2 s 7; 2001 c 175 s 38-41,52;
1Sp2003 c 3 art 2 s 11-14,20; 2004 c 183 s 62-65,86; 2005 c 112 art 2 s 24-29; 2007 c 128 art 1 s
16,17; art 5 s 4-6,9; art 6 s 69-73