Section 7-311. VOLUNTARY LEAVING

 

311.1Pursuant to §10(a) of the Act, the Director shall disqualify for benefits any individual who left his or her most recent work voluntarily without good cause connected with the work.

 

311.2In determining whether a leaving disqualifies an individual for benefits, it shall appear from the circumstances of a particular case that the leaving was voluntary in fact, within the ordinary meaning of the word "voluntary".

 

311.3A leaving shall be presumed to be involuntary unless the claimant acknowledges that the leaving was voluntary or the employer presents evidence sufficient to support a finding by the Director that the leaving was voluntary.

 

311.4If it is established that a leaving was voluntary, the claimant shall have the responsibility of presenting evidence sufficient to support a finding by the Director of good cause connected with the work for the voluntary leaving.

 

311.5The circumstances which constitute good cause connected with the work shall be determined by the Director based upon the facts in each case. The test shall be, "what would a reasonable and prudent person in the labor market do in the same circumstances?"

 

311.6The following shall not constitute good cause connected with the work for voluntary leaving:

 

(a)Refusal to obey reasonable employer rules;

 

(b)Minor reduction in wages;

 

(c)Transfer from one type of work to another which is reasonable and necessary;

 

(d)Marriage or divorce resulting in a change of residence;

 

(e)General dissatisfaction with work;

 

(f)Resignation in order to attend school or training; and

 

(g)Personal or domestic responsibilities.

 

311.7Reasons considered good cause connected with the work for voluntary leaving include, but are not limited to, the following:

 

(a)Racial discrimination or harassment;

 

(b)Sexual discrimination or harassment;

 

(c)Failure to provide remuneration for employee services;

 

(d)Working in unsafe locations or under unsafe conditions;

 

(e)Illness or disability caused or aggravated by the work; Provided, that the claimant has previously supplied the employer with a medical statement; and

 

(f)Transportation problems arising from the relocation of the employer, a change in the primary work site, or transfer of the employee to a different work site; Provided, that adequate, economical, and reasonably distanced transportation facilities are not available.

 

311.8If an employee resigned under threat of imminent termination, the separation shall be considered a constructive discharge for misconduct and a determination shall be made by the Director in accordance with §312.

 

311.9RESERVED

 

311.10When an individual is temporarily separated from employment by reason of pregnancy and is unemployed within the meaning of the Act, able, available and actively seeking work, that individual may be entitled to benefits. A determination shall be made as to the separation issue but claimant shall not be automatically subject to disqualification for voluntarily quitting under §10(a) of the Act [Sec. 46-111(a), D.C. Code 1981, ed.]

 

311.11A voluntary quit because of pregnancy shall be treated like any other voluntary quit because of physical condition or disability. The claims examiner shall inquire into the claimant's availability and availability for suitable work and make a determination regarding eligibility for benefits in accordance with the Act and this chapter.