Ga. Comp. R. & Regs. R. 300-2-9-.05 - Separation by Quitting. Amended
(1) An employee who voluntarily quits is to
be disqualified unless he/she can show that the employer had changed the terms
and conditions of work in a manner that the employee, applying the judgment of
a reasonable person, would not be expected to continue that employment. Factors
which the Commissioner shall consider in making this determination may include,
among others, the following:
(a) Whether the
employee was downgraded for reasons other than the fault of the
claimant;
(b) Whether the employee
had undergone harassment on the job of a substantial nature which would induce
a reasonable person to quit in order to seek other employment;
(c) Whether the hiring contract had otherwise
been broken in a material way;
(d)
An economic downgrade based on the employer's inability to continue the former
salary will not be considered as a good cause to quit if the reduction in
salary is not a substantial reduction below a reasonable rate for that industry
or trade. However, a seasonal or temporary reduction in pay or work hours does
not constitute good cause for quitting;
(e) Whether the employee's health was placed
in jeopardy by conditions on the job. There must be some clear connection
between the health problem and the performance of the job, and professional
medical advice is required unless the reason would be obvious that harm to the
employee would result from continued employment. This includes such obvious
things as broken limbs, violent reactions such as allergies due to the
environment on the job and similar circumstances. Provided, however, the
employee must discuss the matter with the employer to seek a solution by
another assignment or other changes that would be appropriate to relieve the
medical problem before the employee can show good work-connected cause for
quitting; or
(f) Whether the
employee left work voluntarily for statutorily defined good cause, as provided
in O.C.G.A.
34-8-194.
(2) Disqualification is not
required if an employee quits because the rules of the employer prove to be
unreasonable as related to proper job performance.
(3) In situations in which it is not clear
whether a quit or a discharge occurred to cause the separation, the burden of
persuasion shall be on the employer to show that a quit rather than a discharge
occurred. If the employer meets this burden of persuasion, then the burden of
proof is then placed on the claimant to show that the quit was for good cause
connected with the work. If the employer fails to meet this burden of
persuasion, the separation shall be treated as a discharge and the burden of
proof of just discharge shall be on the employer.
(4) When an individual accepts a separation
from employment due to lack of work, pursuant to a labor management contract or
agreement, or pursuant to an established employer plan, program, policy,
layoff, or recall, the Commissioner will determine eligibility based on the
individual circumstances of the case. In such cases, to show that the
individual quit for good cause connected with the most recent work the facts
must demonstrate at minimum:
(a) That the
individual was advised of an actual impending layoff with a date certain,
and
(b) That the effective date of
the layoff was no more than six (6) months after the announcement
date.
Notes
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