(a) In applying the provisions of section 383-30(1), an individual who has established eligibility based on full-time employment may be found to have good cause for voluntarily separating from subsequent part-time employment based on any of the following conditions:
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(1) Any employing unit which for some portion of a day within the current calendar year has or had in employment one or more individuals; and
(2) For the effective period of its election pursuant to section 383-77, any other employing unit which has elected to become subject to this chapter. See Hawaii Revised Statutes 383-1
Employment: includes , but is not limited to, any service performed prior to January 1, 1978, which was employment as defined in this section prior to such date and, subject to the other provisions of this section, service performed after December 31, 1977, by an employee as defined in section 3306(i) and (o) of the federal Unemployment Tax Act, including service in interstate commerce. See Hawaii Revised Statutes 383-2
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
full-time work: means a forty-hour workweek unless regarded otherwise according to the standard practice, custom, or agreement in a particular trade, occupation, or business. See Hawaii Revised Statutes 383-1
State: includes the states of the United States, the District of Columbia, Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 383-1
Week: means a period of seven consecutive calendar days commencing with Sunday and ending at midnight the following Saturday. See Hawaii Revised Statutes 383-1
(1) Loss of full-time work with a regular employer made it economically unfeasible to continue part-time employment;(2) The part-time employment was outside the individual’s customary occupation and would not have been considered suitable work at the time the individual accepted part-time employment. In determining whether an individual is reasonably fitted for a particular job, the department shall consider:
(A) The degree of risk involved to the individual’s health, safety, and morals;(B) The individual’s physical fitness;(C) The individual’s prior training;(D) The individual’s experience;(E) The individual’s prior earnings;(F) The length of the individual’s unemployment;(G) The individual’s prospects for obtaining work in the individual’s customary occupation;(H) The distance of available work from the individual’s residence; and(I) The individual’s prospects for obtaining local work.
As used in this paragraph, “suitable work” means work in the individual’s usual occupation or work for which the individual is reasonably fitted;
(3) The employer failed to provide sufficient advance notice of a work schedule change;(4) There was a work schedule conflict with other concurrent part-time or full-time employment;(5) A real, substantial, or compelling reason, or a reason that would cause a reasonable and prudent employee, genuinely and sincerely desirous of maintaining employment, to take similar action and to try reasonable alternatives before terminating the employment relationship;(6) Change in working conditions and the change is prejudicial or detrimental to the health, safety, or morals of the employee;(7) Change in terms and conditions of employment, including change in rate of pay, position or grade, duties, days of work, or hours of work;(8) Discrimination that violates federal or state laws regarding equal employment opportunity practices;(9) Change in the employee’s marital or domestic status;(10) Acceptance of a definite, firm offer made of other employment where the offer is subsequently withdrawn and the former employer refuses to rehire the employee;(11) Retirement under a mandatory requirement imposed by a collective bargaining agreement;(12)Evidence that the employee was a victim of domestic or sexual violence, including any circumstance that causes a reasonable employee to believe that other available alternatives, such as a leave of absence, a transfer of jobs, or an alternate work schedule, would not be sufficient to guarantee the safety of the employee and that separation from employment was necessary to address the resulting physical and psychological effects, to seek or reside in an emergency shelter, or to avoid future domestic or sexual violence. Evidence includes:
(A) Certified or exemplified restraining orders, injunctions against harassment, and documents from criminal cases;(B) Documentation from a victim services organization or domestic or sexual violence program, agency, or facility, including a shelter or safe house for victims of domestic or sexual violence;(C) Documentation from a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy from whom the employee or the employee’s minor child has sought assistance in relation to the domestic or sexual violence; or(D) Statements from the individual, or other corroborating evidence.
As used in this paragraph, “domestic or sexual violence” includes domestic abuse, sexual assault, or stalking; or
(13) Any other factor relevant to a determination of good cause.(b) For purposes of this section:
“Part-time” means less than twenty hours per week or on-call or casual or intermittent.
