Vermont § 1344 - Disqualifications

§ 1344. Disqualifications

• (a) An individual shall be disqualified for benefits: (1) For not more than 15 weeks nor less than six weeks immediately following the filing
  of a claim for benefits, in addition to any applicable waiting period, as may be determined
  by the Commissioner according to the circumstances in each case, if the Commissioner
  finds that: (A) The individual has been discharged by the individual’s last employing unit for misconduct
  connected with the individual’s work. (B) The individual was separated from the individual’s last employing unit because the
  individual became unable to perform all or an essential part of the individual’s normal
  duties in the employment without good cause attributable to the employing unit because
  of the consequences that flow from the individual’s conviction for a felony or misdemeanor
  or from an action or order of a judge or court in any criminal or civil matter. In
  the event a conviction or the action or order of any judge or court in any criminal
  or civil matter is rescinded or expunged, the individual may be eligible for benefits
  from the time the individual would have otherwise been eligible for benefits. (2) For any week benefits are claimed, except as provided in subdivision (3) of this subsection,
  until the individual has presented evidence to the satisfaction of the Commissioner
  that the individual has performed services in employment for a bona fide employer
  and has had earnings in excess of six times the individual’s weekly benefit amount
  if the Commissioner finds that the individual is unemployed because: (A) The individual left the employ of the individual’s last employing unit voluntarily
  without good cause attributable to the employing unit. An individual shall not suffer
  more than one disqualification by reason of such separation. However, an individual
  shall not be disqualified for benefits if the individual left such employment to accompany
  a spouse who: (i) is on active duty with the U.S. Armed Forces and is required to relocate due to permanent
  change of station orders, activation orders, or unit deployment orders, and when such
  relocation would make it impractical or impossible, as determined by the Commissioner,
  for the individual to continue working for such employing unit; or (ii) holds a commission in the U.S. Foreign Service and is assigned overseas, and when
  such relocation would make it impractical or impossible, as determined by the Commissioner,
  for the individual to continue working for such employing unit. (B) The individual has been discharged by the individual’s last employing unit for gross
  misconduct connected with the individual’s work. As used in this section, “gross misconduct”
  means conduct directly related to the employee’s work performance that demonstrates
  a flagrant, wanton, and intentional disregard of the employer’s business interest
  and that has direct and significant impact upon the employer’s business interest,
  including theft, fraud, intoxication, intentional serious damage to property, intentional
  infliction of personal injury, any conduct that constitutes a felony, or repeated
  incidents after written warning of either unprovoked insubordination or public use
  of profanity. An individual shall not suffer more than one disqualification by reason
  of such separation. (C) The individual has failed, without good cause, either to apply for available, suitable
  work when directed by the employment office or the Commissioner, or to accept suitable
  work when offered, or has during the course of a job interview for available employment
  made verbal statements that are either untrue, show an unreasonable lack of interest,
  or are calculated to preclude an offer of work or a directive being made, or to return
  to the individual’s customary self-employment, if any, when directed by the Commissioner.
  An individual shall not suffer more than one disqualification for these causes. (D) In determining whether or not any work or employment is suitable for an individual
  for purposes of this subdivision, the Commissioner shall consider the degree of risk
  involved to the individual’s health, safety, and morals; the individual’s physical
  fitness and prior training; the individual’s experience and prior earnings; the individual’s
  length of unemployment and prospects for securing local work in the individual’s customary
  occupation; and the distance of the available work from the individual’s residence. (E) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable
  and benefits shall not be denied under this chapter to any otherwise eligible individual
  for refusing to accept new work under any of the following conditions: (i) if the position offered is vacant due directly to a strike, lockout, or other dispute; (ii) 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; (iii) if, as a condition of being employed, the individual would be required to join a union
  or to resign from or refrain from joining any bona fide labor organization. (F)(i) Notwithstanding any other provisions of this chapter: (I) An otherwise eligible individual shall not be denied benefits for any week if the
  individual is in training approved under section 236(a)(1) of the Trade Act of 1974,
  19 U.S.C. § 2296(a), or the individual is in approved training by reason of leaving work to enter training,
  provided the work left is not suitable employment as defined in section 236(e) of
  the Trade Act of 1974, 19 U.S.C. § 2296(e). (II) An otherwise eligible individual shall not be denied benefits for any week because
  of the application to any week in approved training of provisions in this law, or
  any federal unemployment insurance law administered by the Department, relating to
  availability for work, active search for work, or refusal to accept work. (ii) Benefits paid to an eligible claimant regularly attending a training course approved
  under the Trade Act of 1974, 19 U.S.C. § 2296(e), following a refusal of work or leaving of unsuitable work shall not be charged against
  the experience-rating record of any employer but shall be charged to the Fund. (G) [Repealed.] (H) [Repealed.] (3) For not more than six weeks nor less than one week immediately following the filing
  of a claim for benefits (in addition to any applicable waiting period), as may be
  determined by the Commissioner according to the circumstances in each case, if the
  Commissioner finds that the individual has left the employ of the individual’s last
  employing unit without good cause attributable to the employing unit because of a
  health condition, as certified by a health care provider, as defined in 18 V.S.A. § 9432(9), that precludes the discharge of duties inherent in such employment. (4) For any week with respect to which the Commissioner finds that the individual’s total
  or partial unemployment is due to a stoppage of work that exists because of a labor
  dispute at the factory, establishment, or other premises at which the individual is
  or was last employed, provided that this subdivision shall not apply if: (A) the individual is not participating in or financing or directly interested in the
  labor dispute that caused the stoppage of work; or (B) the stoppage of work was due solely to a lockout, effected by the employer in order
  to gain some concession from employees. A lockout does not include a temporary suspension
  of work in response to: (i) actual or imminent damage to property of the employer; or (ii) a purposeful effort by employees to reduce productivity. (5) For any week with respect to which the individual is receiving or has received remuneration
  in the form of any of the following: (A) Wages in lieu of notice. (B) Vacation pay or holiday pay, provided that: (i) Vacation pay due at time of separation in accordance with a work agreement (whether
  a formal contract or established custom) shall be allocated to the period immediately
  following separation, or if due subsequent to separation, it shall be allocated to
  the week in which due or the next following week, and that number of weeks immediately
  following as required to equal the total of the weeks of pay due. Any mutual agreement
  between the employer and employee(s) (whether or not payment is made), allocating
  such remuneration to any period during which work is performed, within four weeks
  prior to the date of separation, shall not be valid for the purpose of determining
  unemployment compensation entitlement or waiting period credit purposes and such payment
  shall be allocated to the period immediately following separation. (ii) There shall be no disqualification amount for any holiday. (C) Severance pay, back pay awards, and back pay settlements. These payments, awards,
  and settlements shall be allocated to the week(s) and in the manner as specified in
  the order or agreement, or, in the absence of such specificity, to the week(s) and
  in the manner that, in the judgment of the Commissioner, would be reasonable. (D) Compensation for temporary partial disability or temporary total disability under
  the workers’ compensation law of any state or under a similar law of the United States. (E)(i) A pension under a plan maintained or contributed to by a base period or chargeable
  employer, which shall include a governmental or other pension, retirement or retired
  pay, annuity, or any other similar periodic payment. The weekly benefit amount payable
  to an individual for the week in which the individual receives remuneration from a
  pension, retirement or retired pay, annuity, or similar payment shall be reduced,
  but not below zero: (I) by the entire prorated weekly amount of the pension if no contributions to the plan
  were made by the individual; (II) by no part of the pension if the entire contributions to the plan were provided by
  the individual, or by the individual and an employer, or any other person or organization;
  or (III) by no part of the pension if the services performed by the individual during the base
  period, or remuneration received for the services, for the employer did not affect
  the individual’s eligibility for, or increase the amount of, the pension, retirement
  or retired pay, annuity, or similar payment. (ii) If the remuneration specified in this subdivision, after applying the provisions of
  this subdivision, is less than the benefits that would otherwise be due under this
  chapter, the individual shall be entitled to receive for the week, if otherwise eligible,
  benefits reduced by the amount of the remuneration, after applying the provisions
  of this subdivision, and after rounding the remuneration to the next higher dollar,
  and the provisions of subdivision 1301(9) and sections 1338a and 1339 of this title do not apply. (F) [Repealed.] (6) For any week with respect to which or a part of which the individual has received
  or is seeking to receive unemployment benefits under an unemployment compensation
  law of another state or of the United States, provided that if the appropriate agency
  of the other state or of the United States finally determines that the individual
  is not entitled to unemployment benefits, this disqualification shall not apply. (b) In periods of “high level unemployment” an individual shall be disqualified for benefits
  for not more than 12 nor less than six consecutive weeks immediately following the
  filing of a claim for benefits, as may be determined by the Commissioner according
  to the circumstances, when it is found that the individual would otherwise be disqualified
  under the provisions of subdivision (a)(2)(A) of this section, and except that the
  disqualification provided by this subdivision shall terminate if an individual has
  performed service in any employment as provided by subdivision (a)(2) of this section. (c) Notwithstanding any other provision of this chapter, any individual who has been disqualified
  for regular or extended benefits pursuant to the provisions of subdivision (a)(1)
  or (a)(3) of this section shall not be eligible to receive extended benefits with
  respect to any week of unemployment in the individual’s eligibility period unless
  the individual has been employed after the beginning date of such disqualification
  and has earned in excess of four times the individual’s weekly benefit amount. (Amended 1959, No. 236; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1971, No. 77, § 8, eff. Dec. 31, 1971; 1973, No. 155 (Adj. Sess.), § 3, eff. March 15, 1974; 1973, No. 231 (Adj. Sess.), § 1; 1977, No. 64, §§ 18, 19, 25(b); 1979, No. 120 (Adj. Sess.), § 9, eff. March 31, 1980; 1981, No. 86, §§ 3, 6, 13; 1981, No. 165 (Adj. Sess.), § 1; 1981, No. 194 (Adj. Sess.), § 3, eff. Oct. 1, 1982; 1983, No. 16, § 11, eff. April 4, 1983; 1987, No. 179 (Adj. Sess.); 1989, No. 62; 1993, No. 177 (Adj. Sess.), §§ 4-6; 1999, No. 126 (Adj. Sess.), § 1; 2009, No. 124 (Adj. Sess.), § 7, eff. July 1, 2011; 2013, No. 173 (Adj. Sess.), § 10; 2017, No. 74, § 52; 2019, No. 91 (Adj. Sess.), § 31, eff. March 30, 2020; 2019, No. 91 (Adj. Sess.), § 33, eff. Oct. 1, 2021; 2021, No. 20, § 222; 2021, No. 105 (Adj. Sess.), § 410, eff. July 1, 2022; 2023, No. 6, § 252, eff. July 1, 2023.)