(a) Scope. This section relates to general
principles of good cause for the voluntary leaving of most recent work, the
employee's duty to take affirmative steps to preserve the employment
relationship before leaving work, and the manner in which this duty may be
negated. For examples of specific circumstances which may constitute good cause
for leaving work, see Sections 1256-4 to 1256-23 of these
regulations.
(b) Good Cause for
Leaving Work. "Good cause" exists for leaving work, when a substantial
motivating factor in causing the claimant to leave work, at the time of
leaving, whether or not work connected, is real, substantial, and compelling
and would cause a reasonable person genuinely desirous of retaining employment
to leave work under the same circumstances. Generally good cause for leaving
work is decided on the facts at the time the claimant left work. Unless there
is a timely connection between any alleged reason for leaving and the actual
leaving, the employee has waived what might otherwise justify termination of
the employment relationship and has negated the required causal connection
between any given alleged reason for leaving and leaving. The claimant may
submit several reasons for leaving work, some of which, when con sidered
individually, do not constitute good cause. However, if one reason which is
good cause is a substantial motivating factor in causing the claimant to leave
work, the claimant's leaving is with good cause.
(c) Duty to Preserve the Employment
Relationship. Prior to leaving work, the claimant has a duty to attempt to
preserve the employment relationship. Failure to do so negates what would
otherwise constitute good cause. This duty may be satisfied by reasonable
steps, including, but not limited to, any of the following:
(1) Seeking an adjustment of the problem by
allowing the employer an opportunity to remedy the situation if the employer
can reasonably do so.
(2) Seeking a
leave of absence or transfer to other employment with the same employer if
likely to remedy the problem and if the claimant knew or should have known that
a leave or a transfer probably would have been granted had one been
requested.
(3) Taking steps within
his or her own control, such as hiring a sitter for child care to solve a child
care problem, or joining a car pool or repairing an automobile or purchasing a
replacement vehicle to solve a transportation problem.
COMMENTS. Section 1256.1 of the code relates to
terminations of employment which result from absences from work due to
incarceration. In such cases, Section 1256.1-1 of these regulations should be
consulted in order to establish whether the individual has left work
voluntarily without good cause.
Pursuant to Section 1256.2 of the code, an individual
who terminates employment due to intentional deprivation of equal employment
opportunities, unless deprivation is based on a bona fide occupational
classification or certain security regulations, is deemed to have left work
voluntarily with good cause and is not under a duty to take affirmative steps
to preserve the employment relationship prior to leaving work. However, if the
deprivation is unintentional, the individual is not exempt from the duty to
allow the employer an opportunity to correct the situation prior to leaving
work (see Section 1256.2-1 of these regulations for
interpretation).
