341.370 Disqualifications -- Length of time.
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/ky/chapter-341/341-370A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A worker shall be disqualified from receiving benefits for the duration of any
period of unemployment with respect to which:
(a)He or she has failed without good cause either to apply for available, suitable
work when so directed by the employment office or the secretary, to accept an
interview from a prospective employer offering suitable work, or to accept
suitable work when offered him or her, or to return to his or her customary
self-employment when so directed by the secretary;
(b)He or she has been discharged for misconduct or dishonesty connected with
his or her most recent work, or from any work which occurred after the first
day of the worker's base period and which last preceded his or her most recent
work, but legitimate activity in connection with labor organizations or failure
to join a company union shall not be construed as misconduct;
(c)He or she has left his or her most recent suitable work or any other suitable
work which occurred after the first day of the worker's base period and which
last preceded his or her most recent work voluntarily without good cause
attributable to the employment. No otherwise eligible worker shall be
disqualified from receiving benefits for:
1. Leaving his or her next most recent suitable work which was concurrent
with his or her most recent work;
2. Leaving work which is one hundred
(100)road miles or more, as
measured on a one
(1)way basis, from his or her home to accept work
which is less than one hundred
(100)road miles from his or her home;
3. Accepting work which is a bona fide job offer with a reasonable
expectation of continued employment; or
4. Leaving work to accompany the worker's spouse to a different state,
military base of assignment, or duty station that is one hundred
road miles or more, as measured on a one
(1)way basis, from the
worker's home when the spouse is reassigned by the military; or
(d)He or she fails to act in good faith to secure suitable work.
(2)A worker shall be disqualified from receiving benefits for any week with respect to
which he or she knowingly made a false statement to establish his or her right to or
the amount of his or her benefits, and, within the succeeding twenty-four
months, for the additional weeks immediately following the date of discovery, not
to exceed a total of fifty-two (52), as may be determined by the secretary.
(3)No worker shall be disqualified under paragraph
(b)or
(c)of subsection
(1)of this
section unless the employer, within a reasonable time as prescribed by regulations
promulgated by the secretary, notifies the cabinet and the worker in writing of the
alleged voluntary quitting or the discharge for misconduct. Nothing in this
subsection shall restrict the right of the secretary to disqualify a worker whose
employer has refused or failed to notify the Education and Labor Cabinet of the
alleged voluntary quitting or discharge for misconduct, if the alleged voluntary
quitting or discharge for misconduct is known to the secretary prior to the time
benefits are paid to the worker. The exercise of the right by the secretary, in the
absence of timely notice from the employer, shall not relieve the employer's reserve
account or reimbursing employer's account of benefit charges under the provisions
of subsection
(3)of KRS 341.530.
(4)As used in this section and in subsection
(3)of KRS 341.530, "most recent" work
shall be construed as that work which occurred after the first day of the worker's
base period and which last preceded the week of unemployment with respect to
which benefits are claimed; except that, if the work last preceding the week of
unemployment was seasonal, intermittent, or temporary in nature, most recent work
may be construed as that work last preceding the seasonal, intermittent, or
temporary work.
(5)No worker shall be disqualified or held ineligible under the provisions of this
section or KRS 341.350, who is separated from employment pursuant to a labor
management contract or agreement, or pursuant to an established employer plan,
program, or policy, which permits the employer to close the plant or facility for
purposes of vacation or maintenance.
(6)"Discharge for misconduct" as used in this section shall include but not be limited
to, separation initiated by an employer for falsification of an employment
application to obtain employment through subterfuge; knowing violation of a
reasonable and uniformly enforced rule of an employer; unsatisfactory attendance if
the worker cannot show good cause for absences or tardiness; damaging the
employer's property through gross negligence; refusing to obey reasonable
instructions; reporting to work under the influence of alcohol or drugs or consuming
alcohol or drugs on employer's premises during working hours; conduct
endangering safety of self or co-workers; and incarceration in jail following
conviction of a misdemeanor or felony by a court of competent jurisdiction, which
results in missing at least five
(5)days work.
(7)"Duration of any period of unemployment," as that term is used in this section, shall
be the period of time beginning with the worker's discharge, voluntary quitting, or
failure to apply for or accept suitable work and running until the worker has worked
in each of ten
(10)weeks, whether or not consecutive, and has earned ten
(10)times
his or her weekly benefit rate in employment covered under the provisions of this
chapter or a similar law of another state or of the United States.