Grounds for disqualification; modifications
Sec. 1. (a) With respect to benefit periods established on and after
July 6, 1980, an individual who has voluntarily left the individual's
most recent employment without good cause in connection with the
work or who was discharged from the individual's most recent
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred
and until the individual has earned remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit
period or to the benefit period of a subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced
by twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount
of such reduction will be raised to the next higher even dollar
amount. The maximum benefit amount may not be reduced by more
than twenty-five percent (25%) during any benefit period or extended
benefit period.
(c) The disqualifications provided in this section shall be subject
to the following modifications:
(1) An individual shall not be subject to disqualification
because of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment
and betterment of wages or working conditions; and
thereafter was employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with
a reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of
medically substantiated physical disability and who is
involuntarily unemployed after having made reasonable efforts
to maintain the employment relationship shall not be subject to
disqualification under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not
be deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with
the work, the individual shall be deemed ineligible as outlined
in this section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved
under Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable
employment, or because of the application to any week in
training of provisions in this law (or any applicable federal
unemployment compensation law), relating to availability for
work, active search for work, or refusal to accept work. For
purposes of this subdivision, the term "suitable employment"
means with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely
affected employment (as defined for purposes of the Trade Act
of 1974), and wages for such work at not less than eighty
percent (80%) of the individual's average weekly wage as
determined for the purposes of the Trade Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor
market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established
under this subdivision shall not be charged against the employer
from whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due
to circumstances directly caused by domestic or family violence
(as defined in IC 31-9-2-42). An individual who may be entitled
to benefits based on this modification may apply to the office of
the attorney general under IC 5-26.5 to have an address
designated by the office of the attorney general to serve as the
individual's address for purposes of this article.
As used in this subsection, "labor market" means the area
surrounding an individual's permanent residence, outside which the
individual cannot reasonably commute on a daily basis. In
determining whether an individual can reasonably commute under
this subdivision, the department shall consider the nature of the
individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced
rule of an employer;
(3) unsatisfactory attendance, if the individual cannot show
good cause for absences or tardiness;
(4) damaging the employer's property through willful
negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers; or
(8) incarceration in jail following conviction of a misdemeanor
or felony by a court of competent jurisdiction or for any breach
of duty in connection with work which is reasonably owed an
employer by an employee.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
(Formerly: Acts 1947, c.208, s.1501; Acts 1957, c.261, s.1; Acts
1965, c.190, s.9; Acts 1967, c.310, s.19; Acts 1971, P.L.355, SEC.35;
Acts 1972, P.L.174, SEC.1; Acts 1974, P.L.110, SEC.4.) As amended
by Acts 1977, P.L.262, SEC.25; Acts 1980, P.L.158, SEC.5; Acts
1982, P.L.95, SEC.4; P.L.20-1986, SEC.9; P.L.80-1990, SEC.13;
P.L.21-1995, SEC.83; P.L.166-1996, SEC.3; P.L.290-2001, SEC.7;
P.L.189-2003, SEC.3; P.L.97-2004, SEC.82.
Last modified: May 27, 2006