Okla. Admin. Code § 340:50-5-92

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-5-92 - Good cause determination for voluntary quit or reduction in work effort

When the worker determines a non-exempt adult household member voluntarily quit his or her employment or reduced his or her work effort, the worker must determine if he or she had good cause for doing so. The worker uses information provided by the household member and the employer to determine if the voluntary quit or reduction in work effort is with good cause. Per Section 273.7(i) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(i)) , good cause for leaving employment or reducing work effort includes:

(1) discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs;

(2) work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

(3) an adult household member's acceptance of other employment or enrollment at least half-time in any recognized school, training program, or institution of higher education, that requires the household member to leave employment;

(4) any other household member's acceptance of other employment or enrollment at least half-time in any recognized school, training program, or institution of higher education in another county or area that requires the household to move and thereby requires another adult household member to leave employment;

(5) resignations by persons under 60 years of age that are recognized by the employer as retirement;

(6) employment that becomes unsuitable after the acceptance of such employment because it no longer meets the criteria of suitable employment per 7 C.F.R. § 273.7(h) and Oklahoma Administrative Code 340:50-5-85(c);

(7) leaving employment after accepting a bona fide employment offer of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours because the agreed upon work hours or weekly earnings do not materialize;

(8) leaving a job in connection with employment patterns in which workers frequently move from one employer to another, such as migrant farm labor or construction work. There may be some circumstances where households apply for food benefits between jobs, particularly in cases where work may not yet be available at the new job site. When employment at the new job site has not started, the voluntary quit is considered with good cause when it is part of this employment pattern; or

(9) circumstances beyond the person's control, such as, but not limited to:

(A) illness;

(B) illness of another household member requiring the registrant's presence;

(C) unavailability of transportation;

(D) lack of adequate child care for children who are between 6 and 12 years of age; or

(E) a household emergency.

Okla. Admin. Code § 340:50-5-92

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1851, eff 5-13-93; Amended at 10 Ok Reg 4851, eff 9-8-93 (preemptive); Amended at 18 Ok Reg 2079, eff 7-1-01; Amended at 27 Ok Reg 1241, eff 6-1-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022