WAC 192-320-070   What conditions apply for relief of benefit charges due to a voluntary quit? (RCW 50.29.021.)  (1) A contribution-paying base year employer, who has not been granted relief of charges under RCW 50.29.021(3), may request relief of charges for a voluntary quit not attributable to the employer under RCW 50.29.021(4) and WAC 192-320-065. This section does not apply to local governments.

     (2) Reasons for a voluntary quit not attributable to the employer. A claimant may have been denied unemployment benefits for voluntarily quitting work without good cause, but subsequently requalify for unemployment benefits through work and earnings. Even if the claimant has requalified for benefits, the following reasons for leaving work will be considered reasons not attributable to the employer:

     (a) The claimant's illness or disability or the illness, disability or death of a member(s) of the claimant's immediate family;

     (b) The claimant's domestic responsibilities;

     (c) Accepting a job with another employer;

     (d) Relocating for a spouse's or domestic partner's employment;

     (e) Starting or resuming school or training;

     (f) Being in jail;

     (g) The distance to the job site when the job was accepted and the distance at the time of the quit remained the same; or the job location may have changed but the distance traveled or difficulty of travel was not increased;

     (h) Being dissatisfied with wages, hours or other working conditions generally known when the job was accepted; and the working conditions are determined suitable for the occupation in the claimant's labor market; and

     (i) Separation necessary to protect the claimant or any member of the claimant's immediate family from domestic violence or stalking; and

     (j) Entry into an apprenticeship program approved by the Washington state apprenticeship training council.

     (3) Reasons for a voluntary quit considered attributable to employer are those work-related factors of such a compelling nature as to cause a reasonably prudent person to leave employment. The work factors must have been reported to the employer if the employer has reasons not to be aware of the conditions, and the employer failed to improve the factors within a reasonable period of time. The reason for quitting may or may not have been determined good cause for voluntarily leaving work under RCW 50.20.050. For benefit charging purposes, however, such work-related factors may include, but are not limited to:

     (a) Change in work location which causes an increase in distance and/or difficulty of travel, but only if it is clearly greater than is customary for workers in the individual's classification and labor market;

     (b) Deterioration of work site safety provided the employee has reported such safety deterioration to the employer and the employer has failed to correct the hazards within a reasonable period of time;

     (c) Employee skills no longer required for the job;

     (d) Unreasonable hardship on the health or morals of the employee;

     (e) Reductions in hours;

     (f) Reduction in pay;

     (g) Notification of impending layoff; and

     (h) Other work-related factors the commissioner considers pertinent.



[Statutory Authority: RCW 50.12.010, 50.12.040. 10-23-064, § 192-320-070, filed 11/12/10, effective 12/13/10; 07-23-127, § 192-320-070, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. 04-23-058, § 192-320-070, filed 11/15/04, effective 12/16/04. Statutory Authority: RCW 50.12.010, 50.12.040. 00-05-069, § 192-320-070, filed 2/15/00, effective 3/17/00.]