Scenario: Margaret has worked for 2 years for XYZ Widgets Company and has done a wonderful job. Margaret is a great employee! Unfortunately, Margaret’s husband is in the U.S. Army and has been given relocation orders and Margaret must quit her job to follow him. Now what?

Relocating with a military spouse is one example of an “urgent or compelling” separation. These separations occur when an employee is forced to leave work for a critical, personal, non-work related reason. All states have unemployment provisions to grant benefits in these types of situations, because the claimants have separated through no fault of their own. It is reasonable for the state agencies to make provisions for these extreme situations and all vary in the types of separations fall into this category.

American LibertyThe most common examples of “urgent and compelling” separations are:

Each state agency has the ability to determine what types of non-work related separations should be considered good cause and subsequently granting the claimant unemployment benefits. As well, each state agency also determines when an employer is charged for the benefits that are collected. Non-charging assures that the benefits paid to a claimant are not used in the calculation of the employer’s tax rate notice.

Most states do not grant the employer non-charging for these types of separations. As these separations do not involve the employment of the individual and are completely personal, the employer often does not have information that would benefit a protest to the state agency. When an employee’s personal circumstances are of such a nature that they must leave their employment and by law the state agency will grant benefits, it is futile to protest the claim.

Fortunately, there are some state agencies that make provisions for granting non-charging for “urgent and compelling” separations. These states feel that they must grant unemployment benefits to the claimant as they were separated “through no fault of their own” but that asking the employer to be held responsible is unreasonable.

California, Colorado, Connecticut, Delaware, D.C., Massachusetts, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Virgin Islands, Washington and Wisconsin all have provisions to grant non-charging to employers whose employees leave due to a domestic violence situation. CCC is able to request that while the claimant receives their unemployment, the employer is not charged the benefits that are subsequently collected.

Colorado, Georgia, Hawaii, Iowa, Massachusetts, Minnesota, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington and Wyoming all have provisions that grant non-charging to employers whose employees leave as a result of a natural disaster. Most state agencies require that the natural disaster be officially declared either by the President of the United States or the Governor before this provision can be utilized. CCC can respond to the state agency and insure that the claimant receives the appropriate benefits, but again that the employer is not charged.

Arizona, Colorado, Connecticut, California, Delaware, New Hampshire, Oklahoma, Oregon, South Carolina, Utah, Washington and Wisconsin all have provisions that grant non-charging for various voluntary separations that are not attributable to the employer.

If your organization has a separation that may fall in this category, please contact your CCC Claims Analyst for clarification.

 


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