A claimant shall be disqualified for additional unemployment benefits:
(1) Voluntary separation. For any week in which the claimant has left work voluntarily without good cause and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined according to the circumstances in each case.
An owner-employee of a corporation who brings about the owner-employee’s unemployment by divesting ownership, leasing the business interest, terminating the business, or by other similar actions where the owner-employee is the party initiating termination of the employment relationship, has voluntarily left employment.
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Terms Used In Hawaii Revised Statutes 385-7
Additional unemployment benefits: means the unemployment compensation benefits payable under this chapter. See Hawaii Revised Statutes 385-2
Claimant: means an individual:
(1) Who has an unexpired benefit year and has exhausted normal benefits;
(2) Whose benefit year expired, or whose normal benefits were exhausted, within a period of twenty-six consecutive weeks immediately preceding the week in which the proclamation provided for in section 385-1 became effective;
(3) Who was employed during the week in which the governor's proclamation pursuant to section 385-1 became effective, but who became unemployed and whose total earned wages are insufficient for normal benefits; or
(4) Whose unemployment was proximately caused by the disaster identified by the governor in the proclamation provided for in section 385-1 and was self-employed during the week in which the disaster occurred. See Hawaii Revised Statutes 385-2
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Fraud: Intentional deception resulting in injury to another.
Owner-employee: means a person who has performed services for an employing unit as defined in section 383-1, and who is or has been a shareholder owning twenty-five per cent or more of the corporation's common stock, and director or officer, or both, of a corporation which is or was the employing unit or who exercises a substantial degree of control over the direction of corporate activities. See Hawaii Revised Statutes 385-2
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Wages: means all remuneration for services from whatever source, including commissions and bonuses, remuneration from self-employment, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 385-2
Week: means any period of seven consecutive days as the director may by rule prescribe. See Hawaii Revised Statutes 385-2
(2) Discharge for misconduct. For the week in which the claimant has been discharged for misconduct connected with work and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined in each case in accordance with the seriousness of the misconduct.(3) Failure to apply for work, etc. If the claimant has failed, without good cause, either to apply for available, suitable work when so directed by the director or any duly authorized representative of the director, or to accept suitable work when offered to the claimant. The disqualification shall continue for the week in which such failure occurred and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined according to the circumstances of each case.
(A) In determining whether or not any work is suitable for a claimant there shall be considered among other factors and in addition to those enumerated in subparagraph (B) of this paragraph, the degree of risk involved to the claimant’s health, safety, and morals, the claimant’s physical fitness and prior training, the claimant’s experience and prior earnings, the length of unemployment, the claimant’s prospects for obtaining work in the claimant’s customary occupation, and the distance of available work from the claimant’s residence and prospects for obtaining local work.(B) No work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible claimant 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 labor dispute;(ii) If the wages, hours, or other conditions of the work offered are substantially less favorable to the claimant than those prevailing for similar work in the locality;(iii) If as a condition of being employed the claimant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.(4) Labor dispute. For any week with respect to which it is found that the claimant’s unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishments, or other premises at which the claimant is or was last employed; provided that this paragraph shall not apply if it is shown that:
(A) The claimant is not participating in or directly interested in the labor dispute which caused the stoppage of work; and(B) The claimant does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute;
provided that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this paragraph be deemed to be a separate factory, establishment, or other premises.
(5)Fraud. If the director finds that the claimant has made a false statement or representation knowing it to be false or knowingly fails to disclose a material fact to obtain any additional unemployment benefits under this chapter, in which case the claimant shall be disqualified for the week in which the director makes such determination and for the remainder of the weeks for which the claimant would otherwise be eligible.
