Haw. Code R. § 12-5-55 - Failure to apply for work

(a) A claimant shall be disqualified under section 383-30(3), Hawaii Revised Statutes, if:

(1) The claimant was offered employment or was directed to apply for employment by a public employment office;

(2) The prospective employment was suitable;

(3) The offer was refused or the claimant failed to apply; and

(4) The refusal or failure to apply was without good cause.

(b) An offer of work or referral to employment shall be considered properly made when:

(1) At the time the offer was made or referral was given, a job opening actually existed or the prospective employer made a firm commitment to hire the claimant for a future job vacancy;

(2) The claimant knew and understood that an offer or referral was being made;

(3) The claimant was given sufficient information concerning the conditions of the job such as, but not limited to, the duties, location of work, hours of work, wages, working conditions, equipment needed, and union requirements if any, to determine the suitability of the offer or the referral; and

(4) The claimant upon accepting a referral was given adequate information as to where and how to apply.

(c) Suitable work means work in the individual's usual occupation or work for which the individual is reasonably fitted. In determining whether an individual is reasonably fitted for a particular job, the department shall, among other factors, consider:

(1) The degree of risk involved to the claimant's health, safety, and morals;

(2) The claimant's physical fitness;

(3) The claimant's prior training;

(4) The claimant's experience;

(5) The claimant's prior earnings;

(6) The length of the claimant's unemployment;

(7) The claimant's prospects for obtaining work in such claimant's customary occupation;

(8) The distance of available work from the claimant's residence; and

(9) The claimant's prospects for obtaining local work.

(d) Notwithstanding any other provisions in this section, no work shall be deemed suitable and benefits shall not be denied under section 383-30(3), Hawaii Revised Statutes, to any otherwise eligible individual for refusing to accept new work under any of the conditions specified in section 383-30(3)(B), Hawaii Revised Statutes.

(e) Failure to apply for work includes, but is not limited to:

(1) Failure to report to a public employment office on a call-in for a referral to work; or

(2) A refusal to accept a referral to work; or

(3) After acceptance of the referral, a refusal to apply to the employer for work.

(f) Refusal of work offer includes, but is not limited to:

(1) Refusal of a job offer made by an employer or by someone having authority to hire for the employer; or

(2) After acceptance of a job offer made by an employer, claimant's failure to report to work for that employer on the first scheduled day of work.

(g) The disqualification under section 383-30(3), Hawaii Revised Statutes, shall begin with the week in which the individual would have started work had the offer of suitable work by the employer been accepted by the individual.

Notes

Haw. Code R. § 12-5-55

[Eff. 6/26/81; am 10/12/00] (Auth: HRS § 383-92) (Imp: HRS § 383-30(3))