52-06-36. Factors considered in determining suitability of work and good cause for
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/nd/title-52/chapter-52-06-benefits/52-06-36·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
voluntary leaving.
In determining whether or not any work is suitable for an individual and in determining the existence of good cause for voluntarily leaving the individual's work under subsections 1 and 3 of section 52-06-02, there must be considered among other factors, and in addition to those enumerated in this section, the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, the length of the individual's unemployment, the individual's prospects for obtaining work in the individual's customary occupation, the distance of available work from the individual's residence, and the prospects for obtaining local work.
However, any work paying wages equal to the maximum weekly benefit amount must be determined suitable for an individual who has filed for and received benefit payments for eighteen consecutive weeks; provided, that consideration must be given to the degree of risk involved to the individual's health, safety, morals, the individual's physical fitness, and the distance of the work from the individual's residence. No work may be deemed suitable and benefits may not be denied under the North Dakota unemployment compensation law to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
1. If the position offered is vacant due directly to a strike, lockout, or other labor dispute.
2. If the wages, hours, or other conditions of work offered are substantially less favorable
to the individual than those prevailing for similar work in the locality.
3. If, as a condition of being employed, the individual would be required to join a
company union or to resign from or refrain from joining any bona fide labor
organization.