N.H. Admin. Code § Emp 503.02

Current through Register No. 50, December 12, 2024

Section Emp 503.02 - Voluntary Leaving of Incidental Employment

(a) For purposes of this section, "incidental employment" means employment held concurrently with an individual's permanent, full-time employment.

(b) An individual shall not be disqualified under RSA 282-A:32, I(a) for leaving incidental employment which he already held prior to his becoming unemployed from his full-time position if the leaving was not from an employer whose "separate account" under RSA 282-A:74 is or becomes chargeable, and either:

(1) The leaving, if after the end of the full-time employment, was prior to the individual's working at the incidental employment for more than 4 consecutive weeks following the end of the full-time employment, and either:

a.The incidental employment was not suitable work as defined at RSA 282-A:32, I(d)(1) and (d) (2); or

b.The incidental employment became unsuitable work as defined at RSA 282-A:32, I(d)(1) as a result of:

1.The end of the full-time employment; or

2.Changes in circumstances made by the individual which a reasonably prudent person would have made because of the end of the full-time employment;

(2) The leaving, if from suitable work as defined in RSA 282-A:32, I(d)(1) and (d) (2); and prior to the end of the full-time employment, was without knowledge or belief that a layoff from the full-time employment was likely; or

(3) The leaving was:

a.From suitable work as defined in RSA 282-A:32, I(d)(1) and (d) (2); and

b.Prior to the end of the full-time employment, and either:

1.Without knowledge or belief that a layoff from the full-time work was likely; or

2.Reasonably prudent under the circumstances.

(c) "Reasonably prudent" for purposes of Emp 503.02(b) means:

(1) Careful investigation of the facts;

(2) Consideration of the circumstances;

(3) Rational judgment of possible consequences; and

(4) The exercise of due care.

N.H. Admin. Code § Emp 503.02

#4350, eff 12-28-87, EXPIRED: 12-28-93

New. #5977, eff 2-1-95, EXPIRED: 2-1-03

New. #8158, eff 9-5-04

Amended byVolume XXXIV Number 28, Filed July 10, 2014, Proposed by #10629, Effective 6/30/2014, Expires6/30/2024.

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.