S.D. Admin. R. 67:10:06:27

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:10:06:27 - Good cause for terminating employment or reducing hours of employment

Good cause criteria for voluntarily leaving employment or reducing hours of employment include the following:

(1) Employment was less than 20 hours a week or the equivalent of 20 hours a week at the federal minimum wage;

(2) After voluntarily reducing earned income, the hours of employment were at least 30 hours a week;

(3) After voluntarily terminating employment because the individual is enrolled in a post-secondary educational program;

(4) Continued employment or continuing to work full-time presents a hazard to the individual's health;

(5) After accepting employment, the employer required the individual to relocate the individual's residence to hold the job;

(6) After accepting employment, the degree of risk to health and safety is unreasonable;

(7) After accepting employment, the working hours or nature of the employment interferes with the individual's religious observations, convictions, and beliefs;

(8) Termination of the individual's business;

(9) Resignation at the demand of the employer if the reason for the demanded resignation is beyond the control of the individual;

(10) The individual terminated employment or reduced hours of employment to accept another job that later did not materialize or became unsuitable for one of the reasons contained in § 67:10:06:26. The fact the job did not materialize must have been beyond the control of the individual;

(11) The reason for terminating employment or reducing hours of employment was beyond the individual's control, such as illness, lack of transportation, household emergency, or inadequate child care. The individual must document that an attempt was made to resolve the problems and the problems were truly beyond the individual's control;

(12) While on layoff from the individual's regular job, the individual accepted employment which was terminated so the individual could return to the regular job;

(13) After accepting employment, the employer's demands or working conditions made continued employment unreasonable, such as the employer paying late or demonstrating a substantial disregard of the standards of behavior that the individual has a right to expect;

(14) The employer discriminated against the individual;

(15) The individual terminated employment to accept other employment that was comparable in salary or hours to the employment terminated;

(16) After accepting employment, the individual is required to join or to resign from or refrain from joining a legitimate labor organization; and

(17) The individual's resignation from employment was recognized by the employer as retirement.

Before an individual terminates employment or reduces hours of employment, the individual must notify the department. If the individual fails to notify the department, the department may not grant good cause.

S.D. Admin. R. 67:10:06:27

24 SDR 24, effective 8/31/1997; 26 SDR 168, effective 7/1/2000.

General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11, 28-7A-24.

Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11, 28-7A-20.