Ariz. Admin. Code § 6-3-50135

Current through Register Vol. 30, No. 21, May 24, 2024

Section R6-3-50135 - Quit or Discharge

A. Distinguishing Quits and Discharges

1. Except as otherwise provided in this Chapter, a worker's separation from employment is either a quit or a discharge.

a. The separation is a quit when the worker acts to end the employment and intends this result.

b. The separation is a discharge when the employer acts to end the employment and intends this result. A discharge includes:

i. A layoff for lack of work, and

ii. A request by the employer for the worker's resignation.

2. The Department shall determine whether a separation is a quit or discharge by considering all relevant factors, including:

a. Both parties' remarks and actions,

b. Who initiated the separation, and

c. The parties' intentions.

3. A party's expression of criticism or effort to clarify the position of the other party does not by itself constitute notice of intent to quit or to discharge.

4. When the worker or the employer gives notice of intent to end an employment relationship, later attempts to withdraw the termination do not change the type of separation, except as otherwise provided in subsection (A)(5).

a. The type of separation does not change even if:

i. The party who causes the separation allows the other party to choose the time or type of separation, or

ii. The parties agree to delay the date of separation.

b. A separation is a quit when the worker tells the employer the worker is quitting but agrees to work long enough to train a replacement. The separation remains a quit even if the employer later fails to temporarily keep the worker.

5. A separation is a quit when an employer, who previously gave a worker notice of intent to end the employment relationship, on or before the intended termination date offers continued employment under conditions not amounting to new work, and the worker elects to leave as of the original termination date.

B. Leaving before Effective Date of Discharge

1. Unless a worker establishes good cause or a compelling personal reason for leaving, as prescribed in this Article, a worker who quits before the effective date of discharge leaves work without good cause in connection with the work.

2. When a worker quits because the employer has told the worker that the worker is to be discharged for acts or omissions amounting to misconduct connected with the work, as determined by the Department, the rules in Article 51 governing separation for misconduct apply.

C. Leaving in Anticipation of Discharge. If a worker, based on information other than the employer's authorized notification of discharge, believes that the employer intends to discharge the worker, the worker shall take steps, prior to leaving, to find out if the worker is, in fact, to be discharged. If the worker fails to do so and was not to be discharged, the worker leaves work voluntarily without good cause in connection with the work.

D. Discharge before Effective Date of Resignation

1. If a worker submits a resignation with a specific effective date, and the employer discharges the worker before the effective date:

a. The separation is a discharge for reasons other than work-connected misconduct if the discharge is because of the resignation and is 15 days or more before the effective date of the resignation; and

b. The separation is a quit if the discharge is because of the resignation and is less than 15 days before the effective date of the resignation. The reason for the resignation shall determine whether the worker had good cause for quitting or was compelled to quit.

2. If the discharge is not because of the resignation, the Department shall determine whether to assess a disqualification based on the reason for discharge, in accordance with Article 51 of this Chapter.

Ariz. Admin. Code § R6-3-50135

Former Rule number -- Voluntary Leaving 135. - 135.5. Former Rule repealed, new Section R6-3-50135 adopted effective January 24, 1977 (Supp. 77-1). Amended effective January 23, 1979 (Supp. 79-1). Amended by adding subsection (H) effective July 27, 1983 (Supp. 83-4). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).