Ga. Comp. R. & Regs. R. 300-2-9-.05 - Separation by Quitting. Amended

Current through Rules and Regulations filed through April 4, 2022

(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

Ga. Comp. R. & Regs. R. 300-2-9-.05
O.C.G.A. Secs. 34-8-70, 34-8-157, 34-8-190, 34-8-191, 34-8-194.
Rule 300-2-4-.06 entitled "Reasonable Assurance for Educational Workers" renumbered, retitled and amended as 300-2-9-.05,"Retroactive Payments for Educational Workers." Filed January 9, 1989; effective January 29, 1989. Repealed: New Rule entitled "Separation by Quitting" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992. Amended: F. Jun. 25, 1998; eff. July 15, 1998. Amended: F. Dec. 11, 2015; eff. Dec. 31, 2015.

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