Ariz. Admin. Code § R6-3-50135 - Quit or Discharge
A.
Distinguishing Quits and Discharges
1. Except
as otherwise provided in this Chapter, a worker's separation from employment is
either a quit or a discharge.
a. The
separation is a quit when the worker acts to end the employment and intends
this result.
b. The separation is a
discharge when the employer acts to end the employment and intends this result.
A discharge includes:
i. A layoff for lack of
work, and
ii. A request by the
employer for the worker's resignation.
2. The Department shall determine whether a
separation is a quit or discharge by considering all relevant factors,
including:
a. Both parties' remarks and
actions,
b. Who initiated the
separation, and
c. The parties'
intentions.
3. A party's
expression of criticism or effort to clarify the position of the other party
does not by itself constitute notice of intent to quit or to
discharge.
4. When the worker or
the employer gives notice of intent to end an employment relationship, later
attempts to withdraw the termination do not change the type of separation,
except as otherwise provided in subsection (A)(5).
a. The type of separation does not change
even if:
i. The party who causes the
separation allows the other party to choose the time or type of separation,
or
ii. The parties agree to delay
the date of separation.
b. A separation is a quit when the worker
tells the employer the worker is quitting but agrees to work long enough to
train a replacement. The separation remains a quit even if the employer later
fails to temporarily keep the worker.
5. A separation is a quit when an employer,
who previously gave a worker notice of intent to end the employment
relationship, on or before the intended termination date offers continued
employment under conditions not amounting to new work, and the worker elects to
leave as of the original termination date.
B. Leaving before Effective Date of Discharge
1. Unless a worker establishes good cause or
a compelling personal reason for leaving, as prescribed in this Article, a
worker who quits before the effective date of discharge leaves work without
good cause in connection with the work.
2. When a worker quits because the employer
has told the worker that the worker is to be discharged for acts or omissions
amounting to misconduct connected with the work, as determined by the
Department, the rules in Article 51 governing separation for misconduct
apply.
C. Leaving in
Anticipation of Discharge. If a worker, based on information other than the
employer's authorized notification of discharge, believes that the employer
intends to discharge the worker, the worker shall take steps, prior to leaving,
to find out if the worker is, in fact, to be discharged. If the worker fails to
do so and was not to be discharged, the worker leaves work voluntarily without
good cause in connection with the work.
D. Discharge before Effective Date of
Resignation
1. If a worker submits a
resignation with a specific effective date, and the employer discharges the
worker before the effective date:
a. The
separation is a discharge for reasons other than work-connected misconduct if
the discharge is because of the resignation and is 15 days or more before the
effective date of the resignation; and
b. The separation is a quit if the discharge
is because of the resignation and is less than 15 days before the effective
date of the resignation. The reason for the resignation shall determine whether
the worker had good cause for quitting or was compelled to quit.
2. If the discharge is not because
of the resignation, the Department shall determine whether to assess a
disqualification based on the reason for discharge, in accordance with Article
51 of this Chapter.
Notes
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