Section 12-5-47 - Voluntary separation(a) An individual shall be disqualified for benefits for voluntarily leaving work without good cause.(b) A separation is a voluntary leaving or quitting when the facts and circumstances demonstrate that a claimant is the "moving party" in the termination of an employment relationship.(c) Generally, a leaving of work is considered to be for good cause where it is for a real, substantial, or compelling reason, or a reason which would cause a reasonable and prudent worker, genuinely and sincerely desirous of maintaining employment, to take similar action. Such a worker is expected to try reasonable alternatives before terminating the employment relationship. Good cause for leaving employment may be found where there is:
(1) Change in working conditions and the change is prejudicial or detrimental to the health, safety, or morals of the individual;(2) Change in terms and conditions of employment, including, but not limited to: change in rate of pay, position or grade, duties, days of work, or hours of work;(3) Discrimination which violates federal or state laws regarding equal employment opportunity practices;(4) Change in the individual's marital or domestic status;(5) Acceptance of a definite, firm offer made of other employment where the offer is subsequently withdrawn and the former employer refuses to rehire the individual;(6) Retirement under a mandatory requirement imposed by a collective bargaining agreement;(7) Evidence that the individual was a victim of domestic or sexual violence, including any circumstance which causes a reasonable person to believe that other available alternatives, such as a leave of absence, a transfer of jobs, or an alternate work schedule, would not be sufficient to guarantee the safety of the individual and that separation from employment was necessary to address the resulting physical and psychological effects, to seek or reside in an emergency shelter, or to avoid future domestic or sexual violence. Such evidence includes police records, court records, statements from the individual, a volunteer of a victim services organization, the individual's attorney or advocate, a member of the clergy, medical or other professional from whom the individual has sought assistance related to the domestic or sexual violence, or other corroborating evidence. As used in this subsection, "domestic or sexual violence" includes domestic abuse, sexual assault, or stalking; or(8) Any other factor relevant to a determination of good cause.(d) An owner-employee of a corporation who brings about the owner-employee's unemployment by divesting ownership, leasing the business interest, terminating the business or by other similar actions where the person is the "moving party" in terminating the employment relationship, voluntarily leaves employment. Benefits may be payable to such individuals upon showing of good cause. As used in this subsection: (1) An "owner-employee" means a person who is a shareholder, and director or officer, or both, who exercises a substantial degree of control over the direction of corporate activities, including the decision to dissolve the corporation; and(2) "Good cause" includes but is not limited to financial difficulties such as bankruptcy proceedings, or long-term or considerable financial loss.[Eff. 6/26/81; am 12/31/84; am 11/6/06] (Auth: HRS § 383-92) (Imp: HRS § 383-30(1))