Charging of benefits to account of employer; grounds for removal of charges on account of employer; appeal of certain determinations of Administrator; effect of certain determinations on claimant.
1. Except as otherwise provided in subsections 2 and 3, if the Division determines that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the record for experience rating of the employer.
3. If a claimant leaves an employer to take other employment and leaves or is discharged by the latter employer, benefits paid to him must not be charged against the record for experience rating of the former employer.
4. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant:
(a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment; or
(b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location,
Ê the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.
5. The employer may appeal from the ruling of the Administrator relating to the cause of the termination of the employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.
6. A determination made pursuant to this section does not constitute a basis for disqualifying a claimant to receive benefits.
Last modified: February 25, 2006