§385-7  Disqualification for additionalunemployment benefits.  A claimant shall be disqualified for additionalunemployment benefits:

(1)  Voluntary separation.  For any week in which theclaimant has left work voluntarily without good cause and for not more thanseven consecutive weeks of unemployment which immediately follow such week, asdetermined according to the circumstances in each case.

An owner-employee of a corporation whobrings about the owner-employee's unemployment by divesting ownership, leasingthe business interest, terminating the business, or by other similar actionswhere the owner-employee is the party initiating termination of the employmentrelationship, has voluntarily left employment.

(2)  Discharge for misconduct.  For the week in whichthe claimant has been discharged for misconduct connected with work and for notmore than seven consecutive weeks of unemployment which immediately follow suchweek, as determined in each case in accordance with the seriousness of themisconduct.

(3)  Failure to apply for work, etc.  If the claimanthas failed, without good cause, either to apply for available, suitable workwhen so directed by the director or any duly authorized representative of thedirector, or to accept suitable work when offered to the claimant.  Thedisqualification shall continue for the week in which such failure occurred andfor not more than seven consecutive weeks of unemployment which immediatelyfollow such week, as determined according to the circumstances of each case.

(A)  In determining whether or not any work issuitable for a claimant there shall be considered among other factors and inaddition to those enumerated in subparagraph (B) of this paragraph, the degreeof risk involved to the claimant's health, safety, and morals, the claimant'sphysical fitness and prior training, the claimant's experience and priorearnings, the length of unemployment, the claimant's prospects for obtainingwork in the claimant's customary occupation, and the distance of available workfrom the claimant's residence and prospects for obtaining local work.

(B)  No work shall be deemed suitable andbenefits shall not be denied under this chapter to any otherwise eligibleclaimant for refusing to accept new work under any of the following conditions:

(i)  If the position offered is vacant duedirectly to a strike, lockout, or other labor dispute;

(ii)  If the wages, hours, or other conditions ofthe work offered are substantially less favorable to the claimant than thoseprevailing for similar work in the locality;

(iii)  If as a condition of being employed theclaimant would be required to join a company union or to resign from or refrainfrom joining any bona fide labor organization.

(4)  Labor dispute.  For any week with respect towhich it is found that the claimant's unemployment is due to a stoppage of workwhich exists because of a labor dispute at the factory, establishments, orother premises at which the claimant is or was last employed; provided thatthis paragraph shall not apply if it is shown that:

(A)  The claimant is not participating in ordirectly interested in the labor dispute which caused the stoppage of work; and

(B)  The claimant does not belong to a grade orclass of workers of which, immediately before the commencement of the stoppage,there were members employed at the premises at which the stoppage occurs, anyof whom are participating in or directly interested in the dispute;

provided that if in any case separatebranches of work which are commonly conducted as separate businesses inseparate premises, are conducted in separate departments of the same premises,each such department shall, for the purpose of this paragraph be deemed to be aseparate factory, establishment, or other premises.

(5)  Fraud.  If the director finds that the claimanthas made a false statement or representation knowing it to be false orknowingly fails to disclose a material fact to obtain any additionalunemployment benefits under this chapter, in which case the claimant shall bedisqualified for the week in which the director makes such determination andfor the remainder of the weeks for which the claimant would otherwise beeligible. [L 1961, c 157, pt of §1; Supp, §93B-8; HRS §385-7; am L 1972, c 47,§4; am L 1973, c 159, §1; gen ch 1985; am L 1986, c 162, §8]