GUIDE SHEET 1

VOLUNTARY LEAVING

Voluntarily leaving work without good cause is reason for disqualification. In some States, good cause can be established only when the reason for leaving is work- related. In other States, good cause can be established if the leaving was for either personal or work-related reasons.

Many State laws, regulations or policies dictate that certain situations require a specific result. The following is a list of possible statutory provisions:

• Voluntarily leaving for domestic or marital reasons;
  
  
• Voluntarily leaving to join or accompany a spouse or companion;
  
  
• Voluntarily leaving to accept other work;
  
  
• Voluntarily leaving to go to school;
  
  
• Voluntarily leaving to enter self-employment;
  
  
• Voluntarily leaving due to retirement; and
  
  

Failure to pay union dues or refusal to join a bona fide labor organization when membership was a condition of employment.

This list is by no means comprehensive, but It does illustrate the various conditions associated with the issue of employee-initiated separations.

If the reviewer determines that a situation is statutory, investigation of additional factors by the adjudicator is not necessary. In other words, certain circumstances, by statute, always lead to a pay decision or always lead to a denial. Each State has different "statutory" provisions which dictate the outcome of the adjudication.

Perfunctory or automatic outcomes are not statutory if the adjudicator needs additional information, other than the reason for leaving, to make a decision. For example, some States provide that it is good cause to leave work if the claimant is physically unable to perform the work. Generally, good cause is not established unless the claimant pursued alternatives before leaving, e.g., leave of absence, or transfer to a job with less strenuous physical requirements.

If the adjudicator must investigate the claimant's pursuit of alternatives prior to leaving, this situation is not statutory, i.e., it does not always require a specific result. Therefore, the adjudicator must determine whether or not the claimant's reason for leaving work was, in fact, voluntary and without good cause.

The factfinding process is governed by the type of separation issue involved. Relevant questioning is developed to gather the facts surrounding the claimant's reason(s) for leaving work.

The information below is provided as guidance to establish the nature of the separation and whether or not good cause can be established. Voluntary leaving cases require the adjudicator to investigate several factors, such as:

BASIC QUESTIONS AND FACTORS TO CONSIDER

A. WHY DID THE CLAIMANT QUIT?

1. It is necessary to pinpoint why the claimant left work on that particular day. Often the claimant will cite a "laundry list" of grievances, and this may be helpful in establishing the primary reason for the claimant initiating separation from the employment. However, an adequate investigation of this factor always requires the adjudicator to pinpoint the primary reason for separation.

It is also necessary to examine the adverse effect of the situation on the claimant. Was the reason for leaving compelling? Would a reasonably prudent person in a similar situation have left work? How severe or immediate were the harmful circumstances? If it is clear there was little adverse effect involved in staying with the job, e.g., "the job was boring," the adjudicator need not investigate beyond "A".

2. Was the reason for leaving personal or work-related? In States where the reason for leaving must be related to the work to be considered good cause, and the claimant left for personal reasons, the adjudicator need not investigate further, as benefits will automatically be denied.

B. WHAT WERE THE CONDITIONS OF WORK?

If the reason(s) for leaving was work-related, conditions of work must be examined. What did the employee expect from the employer? Unacceptable conditions of work may be a result of a breach in the employee/employer contract or substandard working conditions.

As with discharge issues, the agreement may be verbal or written, a matter of union contract peculiar to a specific industry or job, or a specific health or safety regulation. The working conditions may also be unacceptable due to a violation of commonly accepted employment practices such as fair distribution of work assignments.

C. WHAT DID THE CLAIMANT DO TO REMEDY THE SITUATION BEFORE LEAVING?

To establish good cause, the claimant should have pursued all reasonable alternatives prior to leaving. Did the claimant ask for a transfer or a leave of absence, or pursue established grievance procedures? Did the claimant give the job a fair trial? Or, if alternatives were not pursued, why did the claimant believe that such action would be futile?

Even if the work had a serious adverse effect on the claimant, good cause is not established unless reasonable alternatives were pursued. Even if working conditions are determined unsuitable, the claimant should have attempted to resolve the problem before leaving unless it can be conclusively established that such an attempt would have been futile.

HINT: If the State requires that the reason for leaving must be connected to the work to establish good cause, and the claimant left for purely personal reasons, further investigation is not required. Enter "A" for Element 18.

If the claimant gives absolutely disqualifying information, the employer need not be contacted to verify the reason for separation. Enter "A" for Element 18 (Claimant Information) and either "A" (if some information is received), or "X" (if no information is received) for Element 19 (Employer Information) and "X" for Element 21 (Rebuttal Opportunity Provided).

If the adjudicator fails to pinpoint the reason the claimant left work, enter "I" for Element 18 (Claimant Information).

If the claimant quit because of working conditions, the employer must be contacted.

It is not necessary to investigate the claimant's pursuit of alternatives prior to leaving if the claimant clearly was not suffering adverse affects. In other words, if the reason for leaving is not sufficiently compelling and would never constitute good cause, (claimant was bored with the job), the claimant's pursuit of alternatives will not affect the determination, so investigation in this area is not necessary.

Factfinding

A. 1. REASON FOR VOLUNTARY LEAVING

• State law
  
  
• SESA regulations
  
  
• State policy (marriage, following spouse, self-employment)
  
  

2. EFFECT ON CLAIMANT

• Actual or potential adverse effect on claimant
  
  
• Severity or immediacy of the harmful circumstances
  
  
• Basis for the claimant's belief of the harmful effect
  
  

B. CONDITIONS OF WORK

1. Employment rules or agreements

• Written or stated rules and agreements
  
  
• Job practices peculiar to a given employment situation
  
  
• Union agreements
  
  

2. Industry or job practices

• Safety practices peculiar to a job or industry
  
  

3. Law or regulatory provisions

• Employer's conduct that violates governmental standards (health and safety)
  
  

4. Standard employment practices

• Conduct expected of employers such as fair assignment of work and nondiscriminatory practices
  
  

5. Giving the job a fair trial

• Length of time on the job
  
  
• Changes in the job duties
  
  
• Length of time worked under conditions claimant believed to be adverse
  
  

C. CLAIMANT'S ATTEMPTS TO CONTROL OR ADJUST

1. Use of available alternatives, e.g., leave of absence

• Past adjustments made or attempted
  
  
• Basis for belief no alternatives were available
  
  
• Standard grievance procedures
  
  
• Attempts to resolve the situation