Rule 24.40.615 - LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT(1) The department shall determine a claimant left work with good cause attributable to employment when: (a) the claimant had compelling reasons arising from the work environment that caused the claimant to leave; and the claimant: (i) attempted to correct the problem(s) in the work environment; and (ii) informed the employer of the problem(s) and gave the employer reasonable opportunity to correct the problem(s);(b) the claimant left work that the department determines is no longer suitable work pursuant to ARM 24.40.925; or(c) the claimant left work within 30 days of returning to state-approved training, in accordance with ARM [(24.40.917 APPROVAL OF TRAINING BY THE DEPARTMENT].(2) The term "compelling reasons" as used in this rule includes but is not limited to: (a) undue risk, as compared to work in similar occupations or industries, of injury, illness, physical impairment, or reasonably foreseeable risks to the claimant's morals;(b) unreasonable actions by the employer concerning hours, wages, terms of employment or working conditions, including, but not limited to, reductions of 20 percent or more in the customary wages or hours;(c) a condition underlying a workers' compensation or occupational disease claim for which liability has been accepted by a workers' compensation insurer. (i) If the workers' compensation insurer has not accepted liability for the condition, the department shall independently evaluate the condition to determine whether the condition appears to result from the employment. (ii) If, after evaluation, the department determines by a preponderance of the evidence that the condition is employment related, the department shall consider the condition to provide a compelling reason for leaving work; or(d) unreasonable rules or discipline by the employer so severe as to constitute harassment.(3) The claimant has the burden of proving their separation from employment was for good cause attributable to their employment. Mont. Admin. r. 24.40.615
TRANS, from 24.11.457, 2024 MAR p. 1458, Eff. 7/1/2024.AUTH: 39-51-301, 39-51-302, MCA; MP: 39-51-2302, 39-51-2304, 39-51-2307, MCA