23-776. Disqualification from benefits for
failure to accept suitable work; exceptions
A. An individual shall be disqualified for benefits if the department finds he has
failed without cause either to apply for available, suitable work, when so directed by
the employment office or the department, or to accept suitable work when offered him, or
to return to his customary self-employment when so directed by the department. The
disqualification shall begin with the week in which the failure occurred and shall
continue for the duration of his unemployment and until he has earned wages in an amount
equivalent to eight times his weekly benefit amount otherwise payable.
B. In determining whether or not work is suitable for an individual, the department
shall consider the degree of risk involved to his health, safety and morals, his physical
fitness and prior training, his experience and prior earnings, his length of unemployment
and prospects for securing local work in his customary occupation and the distance of the
available work from his residence.
C. Notwithstanding any other provisions of this chapter, no work shall be deemed
suitable and benefits shall not be denied under this chapter to an otherwise eligible
individual for refusing to accept new work under any of the following conditions:
1. If the position offered is vacant due directly to a strike, lockout or other
labor dispute.
2. If the wages, hours or other conditions of the work offered are substantially
less favorable to the individual than those prevailing for similar work in the locality.
3. If as a condition of being employed the individual would be required to join a
company union or to resign from or refrain from joining a bona fide labor organization.
|