§ 52-06-02 — Disqualification for benefits

North Dakota § 52-06-02

• Jurisdiction: North Dakota
• Title 52: Social Security
• Ch. 52-06: Benefits

Text

An individual is disqualified for benefits:
1. a. For the week in which the individual has left the individual's most recent
employment voluntarily without good cause attributable to the employer, and
thereafter until such time as the individual:
(1) Can demonstrate that the individual has earned remuneration for personal
services in employment from and after the date of the unemployment

compensation claim filing, equivalent to at least eight times the individual's
weekly benefit amount as determined under section 52-06-04; and
(2) Has not left the individual's most recent employment under disqualifying
circumstances.
b. A temporary employee of a temporary help firm is deemed to have left
employment voluntarily if the employee does not contact the temporary help firm
for reassignment before filing for benefits. Failure to contact the temporary help
firm is not deemed a voluntary leaving of employment unless the claimant was
advised of the obligation to contact the temporary help firm upon completion of an
assignment and advised that unemployment benefits may be denied for failure to
contact the temporary help firm. As used in this subsection, "temporary
employee" means an employee assigned to work for a client of a temporary help
firm; and "temporary help firm" means a firm that hires that firm's own employees
and assigns these employees to a client to support or supplement the client's
workforce in a work situation such as employee absence, temporary skill
shortage, seasonal workload, a special assignment, and a special project.
c. This subsection does not apply if job service North Dakota determines that the
individual in an active claim filing status accepted work which the individual could
have refused with good cause under section 52-06-36 and terminated such
employment with the same good cause and within the first ten weeks after
starting work.
d. This subsection does not apply if the individual left employment or remains away
from employment following illness or injury upon a physician's written notice or
order; no benefits may be paid under this exception unless the employee has
notified the employer of the physician's requirement and has offered service for
suitable work to the employer upon the individual's capability of returning to
employment. This exception does not apply unless the individual's capability of
returning to employment and offer of service for suitable work to the employer
occurs within sixty days of the last day of work. However, the cost of any benefits
paid under this exception may not be charged against the account of the
employer, other than a reimbursing employer, from whom the individual became
separated as a result of the illness or injury. Job service North Dakota may
request and designate a licensed physician to provide a second opinion regarding
the claimant's qualification; however, no individual may be charged fees of any
kind for the cost of such second opinion.
e. This subsection does not apply if the individual left the most recent employment
because of an injury or illness caused or aggravated by the employment; no
benefits may be paid under this exception unless the individual leaves
employment upon a physician's written notice or order, the individual has notified
the employer of the physician's requirement, and there is no reasonable
alternative but to leave employment.
f. For the purpose of this subsection, an individual who left the most recent
employment in anticipation of discharge or layoff must be deemed to have left
employment voluntarily and without good cause attributable to the employer.
g. For the purpose of this subsection, "most recent employment" means
employment with any employer for whom the claimant last worked and voluntarily
quit without good cause attributable to the employer or with any employer, in
insured work, for whom the claimant last worked and earned wages equal to or
exceeding eight times the individual's weekly benefit amount.
h. This subsection does not apply if the individual leaves work which is two hundred
road miles [321.87 kilometers] or more, as measured on a one-way basis, from
the individual's home to accept work which is less than two hundred road miles
[321.87 kilometers] from the individual's home provided the work is a bona fide
job offer with a reasonable expectation of continued employment.
i. This subsection does not apply if the individual voluntarily leaves most recent
employment to accept a bona fide job offer with a base-period employer who laid

off the individual and with whom the individual has a demonstrated job
attachment. For the purposes of this exception, "demonstrated job attachment"
requires earnings in each of six months during the five calendar quarters before
the calendar quarter in which the individual files the claim for benefits.
j. (1) This subsection does not apply if the reason for separation from the
individual's employment is directly attributable to domestic violence, stalking,
or sexual assault that is verified by documentation submitted to job service
North Dakota which substantiates the individual's reason for separation from
the most recent employment and such continued employment would
jeopardize the safety of the individual or of the individual's spouse, parent,
or minor child. After receiving a claim for unemployment insurance benefits
for which the individual identifies domestic violence, stalking, or sexual
assault as the reason for separation, job service North Dakota shall notify
the most recent employer of the reason for separation provided by the
individual.
(2) For purposes of this subdivision, documentation of domestic violence or
sexual assault includes:
(a) A court order, protection order, restraining order, or other record filed
with a court;
(b) A police or law enforcement record;
(c) A medical record indicating domestic violence or sexual assault; or
(d) A written affidavit provided by an individual who has assisted the
claimant in dealing with the domestic violence or sexual assault and
who is a:
[1] Licensed counselor;
[2] Licensed social worker;
[3] Member of the clergy;
[4] Director or domestic violence advocate at a domestic violence
sexual assault organization as defined in section 14-07.1-01; or
[5] Licensed attorney.
(3) For purposes of this subdivision, documentation of stalking must include:
(a) A police or law enforcement record; and
(b) A written affidavit provided by an individual who has assisted the
claimant in dealing with the stalking and who is a:
[1] Licensed counselor;
[2] Licensed social worker;
[3] Member of the clergy;
[4] Director of domestic violence advocate at a domestic violence
sexual assault organization as defined in section 14-07.1-01; or
[5] Licensed attorney.
(4) Documentation must be received by job service North Dakota within
fourteen calendar days from the date the individual files a claim for
unemployment insurance benefits after separating from employment for
reasons directly attributable to domestic violence, stalking, or sexual
assault.
(5) A false statement of domestic violence, stalking, or sexual assault in a claim
for unemployment insurance benefits is subject to subsection 8 and section