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24.11.457    LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT

(1) The department shall determine a claimant left work with good cause attributable to employment when:

(a) the claimant had compelling reasons arising from the work environment that caused the claimant to leave; and the claimant:

(i) attempted to correct the problem(s) in the work environment; and

(ii) informed the employer of the problem(s) and gave the employer reasonable opportunity to correct the problem(s);

(b) the claimant left work that the department determines to be unsuitable pursuant to ARM 24.11.485; or

(c) the claimant left work within 30 days of returning to state-approved training, in accordance with ARM 24.11.475.

(2) The term "compelling reasons" as used in this rule includes but is not limited to:

(a) undue risk, as compared to work in similar occupations or industries, of injury, illness, physical impairment, or reasonably foreseeable risks to the claimant's morals;

(b) unreasonable actions by the employer concerning hours, wages, terms of employment or working conditions, including, but not limited to, reductions of 20 percent or more in the claimant's customary wages or hours;

(c) a condition underlying a workers' compensation or occupational disease claim for which liability has been accepted by a workers' compensation insurer. If the condition is one for which liability has not been accepted by the workers' compensation insurer, the department shall independently evaluate the condition to determine whether the condition appears to result from the claimant's employment. If the condition appears to the satisfaction of the department to be work related, the department shall consider the condition to provide a compelling reason for leaving work; or

(d) unreasonable rules or discipline by the employer so severe as to constitute harassment.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2302, 39-51-2304, 39-51-2307, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2007 MAR p. 1669, Eff. 10/26/07; AMD, 2011 MAR p. 573, Eff. 5/29/11; AMD, 2013 MAR p. 413, Eff. 3/29/13.

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