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Monday, March 15, 2010

EXPLANATION OF MOST FREQUENT UC DISQUALIFICATIONS IN ALABAMA















Compliments of: Sam Maloney, Field Deputy, State of Alabama Dept of Industrial Relations Unemployment Compensation Division

SECTION 25-4-77(a)(3): NOT ABLE OR AVAILABLE FOR WORK.
Disqualified for the period indicated. In the case of an indefinite disqualification where the claimant remains disqualified until able and/or available, and reapplies for his/her job, the employer will be notified. No employer charges unless and until claimant receives benefits.

SECTION 25-4-78(2): VOLUNTARILY LEFT WITHOUT GOOD CAUSE CONNECTED WITH WORK. Claimant is disqualified until he/she returns to insured or other acceptable work and earns 10 x WBA (Item 7) and has been separated from such employment under non-disqualifying conditions. No portion of benefits paid shall be charged to the employer’s tax rate account. Exception: Left because of illness or disability, including pregnancy, and complied with leave policy or, if no policy, notified employer of disability and sought reemployment when again able. No disqualification and employer
charged.

SECTION 25-4-78(3)a: DISCHARGED FOR DISHONEST OR CRIMINAL ACT, SABOTAGE, ACT ENDANGERING SAFETY OF OTHERS AND CERTAIN DRUG-RELATED OFFENSES. Must be in connection with work. Disqualified until reenters employment and earns wages equal to 10 x WBA (Item 7) and separates from subsequent employment for a non-disqualifying reason. For the purposes of the experience rating provisions of Section 25-4-54, no portion of benefits paid shall be charged to the employer’s tax rate account. The claimant shall not be paid benefits based
on wages paid for the period of employment when the disqualifying event occurred.

SECTION 25-4-78(3)b: DISCHARGED FOR MISCONDUCT CONNECTED WITH WORK OTHER THAN ACTS MENTIONED IN Sec. 78(3)a after previous warning. Same effect as Sec. 78(2). SECTION 25-4-78(3)c: DISCHARGED FOR MISCONDUCT CONNECTED WITH WORK OTHER THAN ACTS MENTIONED IN Sec. 78(3)a OR Sec. 78(3)b: Disqualified for the week in which discharged and the next 3 to 7 weeks. Reduces maximum benefits by number of weeks disqualified x weekly benefit amount. Relieves tax rate employer of ½ of benefit charges for benefits paid subsequent to period of disqualification.

SECTION 25-4-78(3)d: SUSPENDED AS A DISCIPLINARY MEASURE CONNECTED WITH WORK, OR FOR MISCONDUCT CONNECTED WITH WORK.
Disqualified for the week or weeks (not to exceed four weeks) in which, or for which suspended. Does not relieve employer of charges for benefits subsequent to period of disqualification.

SECTION 25-4-78(4): SEPARATED DUE TO REVOCATION OF NECESSARY LICENSE, PERMIT OR SURETY.
Disqualified until secures other work or license, permit or surety is restored and offers to return to work. Does not relieve employer of charges for benefits subsequent to period of disqualification.

SECTION 25-4-78(5): FAILURE WITHOUT GOOD CAUSE TO ACCEPT SUITABLE WORK. Disqualified 1 to 10 weeks from date of failure to accept work. Does not relieve employer of charges for benefits subsequent to period of disqualification.

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