Rule 300-2-9-.02 - Disqualification for Failure to Apply for or Accept Work(1) Disqualification under OCGA Section 34-8-194(3)is required if a claimant was offered employment that is suitable work or was directed to apply for such employment by the department, but the offer was refused, or the claimant failed to apply and the refusal or failure to apply was without good cause, or after acceptance of a job offer made by the employer, claimant failed to report to work for that employer. (a) An offer of work or referral to employment shall be considered properly made when: 1. A job opening existed at the time the offer was made or referral was given and claimant had been given sufficient information concerning the conditions of the job (such as, but not limited to, the duties, location of work, hours of work, wages, working conditions and equipment needed, if any) to determine the suitability of the offer or the referral; and2. The claimant knew and understood that an offer or referral was being made, and had been notified of the job offer or referral in adequate time to respond; and3. The claimant, upon accepting a referral, was given adequate information as to where and how to apply.(2) No claimant shall be ruled ineligible for benefits where new work is offered, but the distance or time for commuting is substantially greater than that distance to all other places to which an ordinarily prudent person living in the same locality, town or city would travel for work which utilizes similar or related skills or services, and also to where the claimant earned base period wages.(3) Notwithstanding any other provisions in this section, no work shall be deemed suitable and benefits shall not be denied under OCGA Section 34-8-194(3) to any otherwise eligible individual for refusing to accept new work if: (a) The position offered is vacant due directly to a strike, lockout, or other labor dispute;(b) The wages, hours or other conditions of the work are less favorable to the individual than those prevailing for similar work in the locality; or(c) 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) Disqualification shall not be imposed if claimant did not apply for or accept work due to occurrences such as: (a) An "act of God" or similar event beyond the control of the claimant which prevented the claimant from timely responding to a call-in notice, job referral or job offer, (e.g., an automobile accident involving the claimant's vehicle which prevented the claimant from responding on time);(b) Death of an individual's immediate family member. The eligibility requirements of availability and reporting shall be waived for the day of the death and for four (4) consecutive calendar days thereafter. As used in this subparagraph,"immediate family member", means a spouse, child, stepchild, adopted child, grandchild, parent, grandparent, brother or sister of the individual or his or her spouse and the spouse of any of the foregoing;(c) Personal illness or disability of a temporary nature of claimant or a dependent family member which occurred in such a way to prevent the claimant from timely appearing in person, and the claim-ant made diligent efforts to give notice to the department or the employer prior to the time for the scheduled call-in or report to work date;(d) The offer of work or referral to a job opening was for a job opening with an employer who previously employed the claimant and from which the claimant quit or was discharged from employment under such adverse conditions that the ordinarily prudent person would not be expected to return to work with the former employer. The Commissioner shall consider the totality of circumstances in such a case.Ga. Comp. R. & Regs. R. 300-2-9-.02
O.C.G.A. Secs. 34-8-70, 34-8-150, 34-8-151; 34-8-158(3), 34-8-191.
Original Rule entitled "Disqualification for Failure to Apply for or Accept Work" was filed January 9, 1989; effective January 29, 1989.Repealed: New Rule of same title adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992.Amended: F. Jun. 25, 1998; eff. July 15, 1998.