1998 Minnesota Statutes

     268.095 Disqualification provisions. 

    Subdivision 1.    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 beginning 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; or 

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

    Reasonable efforts to remain in that employment require 
 that the claimant inform the employer of the serious illness and 
 request accommodation.  

    A claimant who quit employment because of the claimant's 
 serious illness of chemical dependency, has not made reasonable 
 efforts to remain in that 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 control the chemical dependency. 

    Subd. 2.    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 agree that the notice may be withdrawn.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.    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. 4.    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 remain in that employment in spite of the serious 
 illness.  

    Reasonable efforts to remain in that employment require 
 that the claimant inform the employer of the serious illness and 
 request accommodation. 

    If the misconduct was a direct result of the claimant's 
 serious illness of chemical dependency, the claimant has not 
 made reasonable efforts to remain in that 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 control the chemical dependency. 

    This subclause shall not apply if the misconduct was a 
 violation of section 169.121, 169.1211, or 169.123; 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; 

    (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 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 begin with the Sunday of the 
 week following the week that includes the intended date of 
 quitting. 

    Subd. 5.    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. 6.    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. 7.    Act or omissions after separation.  Except 
 as provided for under subdivision 8, 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. 8.    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. 9.    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. 10.    Disqualification duration.  (a) A 
 disqualification from the payment of benefits under subdivisions 
 1, 4, and 8 shall be for the duration of the claimant's 
 unemployment and until the end of the calendar week that the 
 claimant had total earnings in subsequent covered employment of 
 eight times the claimant's weekly benefit amount. 

    (b) Any disqualification imposed under subdivisions 1 and 4 
 shall begin on the Sunday of the week that the claimant became 
 separated from employment.  Any disqualification imposed under 
 subdivision 8 shall begin 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, the 
 disqualification shall be for the duration of the claimant's 
 unemployment and until the end of the calendar week that 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. 

    Subd. 11.    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 1, clause (5); and 4, clause (1)(ii); or 

    (2) all covered employment occurring in this state, and 
 employment covered under a reemployment insurance program, (i) 
 of any other state or (ii) established by an act of Congress. 

    Subd. 12.    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 considered 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; 1998 c 265 s 25-29,44,45