Section 75-02-01.2-52 - Voluntary quit or refusal of employmentNo household member, except a dependent child, may refuse a bona fide offer of employment or training for employment, or terminate employment, without good cause, within thirty days before the date of application.
1. If an offer of employment or training was made through job service North Dakota, job service North Dakota shall determine if a bona fide offer was made and if there was good cause for refusing it.2. If an offer of employment or training was made other than through job service North Dakota, the county agency shall determine if a bona fide offer was made and if there was good cause for refusing it, considering the following factors: a. Whether there was a definite offer of employment at wages meeting any applicable minimum wage requirements and that are customary for such work in the community;b. Whether there were any questions as to the physical or mental ability of the household member to engage in the offered employment or training for employment;c. Whether there were any questions of the working conditions such as risks to health, safety, or lack of workers' compensation protection;d. Whether the household member had a way to get to or from the particular job, including evidence the household member reasonably attempted to arrange for transportation;e. Whether, as a condition of being employed, the household member would be required to join a company union, or to resign or refrain from any bona fide labor organization, or would be denied the right to retain membership in and observe the lawful rules of any such organization;f. Whether the position offered is vacant directly due to a strike, lockout, or other labor dispute;g. Whether the work is at an unreasonable distance from the household member's residence, provided one-way traveltime of one hour or less may not be treated as an unreasonable distance;h. Whether gross wages are less than the allowable employment expense and child care or adult dependent care;i. Whether an individual's substantially continuous presence in the household is necessary to care for another individual in the household to whom the individual owes a legal duty to provide care, who has a condition, verified by reliable medical evidence, which does not permit self-care or care by another household member; andj. Whether the individual is a victim of domestic violence.3. If it is determined that a household member voluntarily quit employment or a bona fide offer of employment or training was refused by a household member, without good cause: a. In the case of a recipient household, the member who voluntarily quits a job or refuses a bona fide offer of employment or training for employment is subject to sanction through the job opportunity and basic skills program, if the individual is required to participate in the program; andb. In the case of an applicant household, the entire household is ineligible for the thirty days following the actual date of refusal or termination of employment.N.D. Admin Code 75-02-01.2-52
Effective December 9, 1996; amended effective July 1, 1997; January 1,2003; January 1, 2009; January 1, 2011.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02