23-775

23-775. Disqualification from benefits

An individual shall be disqualified for benefits:

1. For the week in which the individual has left work voluntarily without good
cause in connection with the employment, and in addition to the waiting week, for the
duration of the individual's unemployment and until the individual has earned wages in an
amount equivalent to five times the individual's weekly benefit amount otherwise
payable. If a person leaves because of transportation difficulties, the individual shall
be disqualified unless the individual can show the individual's travel requirements are
in excess of the normal practice in the individual's occupation and past practice or that
the individual has compelling personal circumstances requiring the individual's leaving.
Compelling personal circumstances shall include but are not limited to a showing of any
of the following:

(a) Over thirty miles distance from the individual's home to work.

(b) More than one and one-half hours to reach work.

2. For the week in which the individual has been discharged for wilful or negligent
misconduct connected with the employment, and in addition to the waiting week, for the
duration of the individual's unemployment and until the individual has earned wages in an
amount equivalent to five times the individual's weekly benefit amount otherwise payable.

3. For any week with respect to which or a part of which the individual has
received or is seeking unemployment benefits under an unemployment compensation law of
another state or of the United States, but if the appropriate agency of the other state
or of the United States finally determines that the individual is not entitled to
unemployment benefits, the ineligibility shall not apply.

4. For the week in which the individual becomes unemployed and for not more than
the following three weeks, if the individual's unemployment is due solely to a customary
suspension of all operations, except maintenance work, at the factory, plant or other
premises at which the individual was last employed, which will not occur more than once
in a calendar year and will not exceed four consecutive weeks' duration, and the
employment will again be available to the individual on resumption of operations. For
the purposes of this paragraph:

(a) "Customary suspension" means a suspension that has occurred for the same or
similar reasons in each of three consecutive years or more, including the year in
question, regardless of whether the suspension in any previous year would have satisfied
the requirements of this paragraph. A suspension provided for by an agreement to which
the employer is a party shall be considered customary unless the agreement specifies the
exact time, duration, type and circumstances of the suspension. Any suspension whose
details are determined by the employer shall be considered customary, regardless of the
employer's ultimate reason for imposing it, as long as the employer's reason or reasons
are the same or similar over the necessary period.

(b) "Factory, plant or other premises" means any location or premises or portion of
locations or premises of the employer where the work or operations are separate and
distinct from those at other locations or premises or portions of locations or premises,
regardless of geographic proximity or functional, geographic or administrative
integration of the work or operations.

(c) "Maintenance work" has its usual meaning and includes any administrative,
executive, clerical or supervisory work or any other work necessary to keep the factory,
plant or other premises in a position to resume full operations promptly at the end of
the suspension or necessary to pay, supervise or otherwise support individuals performing
such work.

5. For any week in which the individual is incarcerated.