Maine § 26 §1193 Disqualification

Maine Statutes

§ 26 §1193 — Disqualification

Maine·Title 26 LABOR AND INDUSTRY·Ch. 13 UNEMPLOYMENT COMPENSATION

An individual shall be disqualified for benefits:

1.Voluntarily leaves work.

2.Discharge for misconduct. For the week in which the individual has been discharged for misconduct connected with the individual's work, if so found by the deputy, and disqualification continues until claimant has earned 8 times the claimant's weekly benefit amount in employment by an employer.

3.Refused to accept work. For the duration of the individual's unemployment subsequent to the individual's having refused to accept an offer of suitable work for which the individual is reasonably fitted, or having refused to accept a referral to a suitable job opportunity when directed to do so by a local employment office of this State or another state or if an employer is unable to contact a former employee at last k

Free access — add to your briefcase to read the full text and ask questions with AI

An individual shall be disqualified for benefits:
1.
Voluntarily leaves work.
2.
Discharge for misconduct.
For the week in which the individual has been discharged for misconduct connected with the individual's work, if so found by the deputy, and disqualification continues until claimant has earned 8 times the claimant's weekly benefit amount in employment by an employer.
3.
Refused to accept work.
For the duration of the individual's unemployment subsequent to the individual's having refused to accept an offer of suitable work for which the individual is reasonably fitted, or having refused to accept a referral to a suitable job opportunity when directed to do so by a local employment office of this State or another state or if an employer is unable to contact a former employee at last known or given address, for the purpose of recall to suitable employment; or the individual fails to respond to a request to report to the local office for the purpose of a referral to a suitable job, and the disqualification continues until claimant has earned 10 times the claimant's weekly benefit amount in employment by an employer. If the deputy determines that refusal has occurred for cause of necessitous and compelling nature, the individual is ineligible while such inability or unavailability continues, but is eligible to receive prorated benefits for that portion of the week during which the individual was able and available.
4.
Stoppage of work.
For any week with respect to which the deputy, after notification by the Director of Unemployment Compensation under section 1194, subsection 2, finds that the claimant's total or partial unemployment is due to a stoppage of work that exists because of a labor dispute at the factory, establishment or other premises at which the claimant is or was employed, or there would have been a stoppage of work had substantially normal operations not been maintained with other personnel previously and currently employed by the same employer and any other additional personnel that the employer may hire to perform tasks not previously done by the striking employees. This subsection does not apply if it is shown to the satisfaction of the deputy that:
5.
Receiving remuneration.
For any week with respect to which the individual is receiving, has been scheduled to receive or has received remuneration in the form of:
6.
Falsification.
For any week for which the deputy finds that the individual made a false statement or representation knowing it to be false or knowingly failed to disclose a material fact in the individual's application or solicited another person to make a false statement knowing it to be false or fail to disclose a material fact to obtain benefits from any state or federal unemployment compensation program administered by the bureau. In addition, for a first or 2nd occurrence, the individual is ineligible to receive any benefits for a period of not less than 6 months and not more than one year from the mailing date of the determination, and the commissioner shall assess a penalty of 50% of the benefits falsely obtained for the first occurrence and 75% for the 2nd occurrence. If an individual is disqualified for a 3rd occurrence of statement falsification or misrepresentation in an effort to obtain benefits, the commissioner shall assess a penalty of 100% of the benefits falsely obtained and the individual is disqualified from receiving benefits for a period of time to be determined by the commissioner. The progression of penalties for multiple occurrences described in this subsection does not apply and an occurrence of fraud must be treated as a 3rd occurrence if:
7.
Discharged for crime.
For the period of unemployment next ensuing with respect to which the individual was discharged for conviction of a felony or misdemeanor in connection with the individual's work. The ineligibility of the individual continues for all weeks subsequent until the individual has thereafter earned $600 or 8 times the individual's weekly benefit amount, whichever is greater, in employment by an employer;
7-A.
Absence from work due to incarceration.
For the duration of the individual's unemployment subsequent to a discharge arising from the individual's absence from work for more than 2 workdays due to the individual's incarceration for conviction of a criminal offense. This disqualification continues until the individual has earned 8 times the individual's weekly benefit amount in employment by an employer; or
8.
Retirement benefits.
9.
Receiving pension.
10.
Receiving pension.
Except as provided in this subsection, for any week with respect to which the individual is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer.

Maine § 26 §1193 (Disqualification) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1965, c. 381, §§13-18 (AMD). PL 1965, c. 457, §4 (AMD). PL 1967, c. 293 (AMD). PL 1969, c. 176 (AMD). PL 1971, c. 209 (AMD). PL 1971, c. 305 (AMD). PL 1971, c. 422 (AMD). PL 1971, c. 538, §28 (AMD). PL 1973, c. 555, §14 (AMD). PL 1975, c. 537 (AMD). PL 1975, c. 770, §123 (AMD). PL 1977, c. 472, §§1,1-A,2 (AMD). PL 1977, c. 536 (AMD). PL 1979, c. 98 (AMD). PL 1979, c. 428, §§1-6 (AMD). PL 1979, c. 499 (AMD). PL 1979, c. 515, §§15-16A (AMD). PL 1979, c. 579, §45 (AMD). PL 1979, c. 651, §§46,47 (AMD). PL 1979, c. 663, §161 (AMD). PL 1981, c. 149, §§1-4 (AMD). PL 1981, c. 470, §A146 (AMD). PL 1983, c. 13, §8 (AMD). PL 1983, c. 257, §2 (AMD). PL 1983, c. 305, §§4,5 (AMD). PL 1983, c. 351, §17 (AMD). PL 1983, c. 650, §1 (AMD). PL 1983, c. 753, §1 (AMD). PL 1985, c. 66 (AMD). PL 1985, c. 348, §6 (AMD). PL 1985, c. 420, §§1,2 (AMD). PL 1985, c. 506, §A51 (AMD). PL 1985, c. 737, §A72 (AMD). PL 1987, c. 365, §1 (AMD). PL 1989, c. 702, §F1 (AMD). PL 1991, c. 560, §2 (AMD). PL 1997, c. 391, §1 (AMD). PL 1999, c. 464, §7 (AMD). PL 2003, c. 28, §1 (AMD). PL 2007, c. 352, Pt. B, §§1, 2 (AMD). PL 2009, c. 33, §1 (AMD). PL 2009, c. 638, §1 (AMD). PL 2011, c. 516, §1 (AMD). PL 2011, c. 645, §§6-9 (AMD). PL 2013, c. 314, §2 (AMD). PL 2017, c. 117, §§6-9 (AMD). PL 2019, c. 419, §1 (AMD). PL 2021, c. 348, §40 (AMD). PL 2021, c. 456, §22 (AMD). PL 2023, c. 233, §§4, 5 (AMD). RR 2023, c. 2, Pt. E, §§93, 94 (COR). PL 2025, c. 235, §12 (AMD).