Sec.31-236-22. Good cause—working conditions

(a) To determine that an individual voluntarily left suitable work for good cause attributable to the employer, the Administrator must find, with respect to working conditions, that:

(1) (A) during the course of employment, the individual’s employer substantially changed a working condition established in the employment agreement and such change had a significantly adverse effect upon the individual; or

(B) working conditions endangered the individual’s health or safety to a greater degree than is customary for the employer’s industry; or

(C) working conditions threatened the individual’s health, either by causing illness or by contributing to the aggravation or worsening of the individual’s medical condition; or

(D) working conditions violated a state or federal statute or regulation governing worker health or safety and such violation had an actual or potential adverse effect upon the individual; or

(E) the individual’s employer acted so as to deprive the individual of equal employment opportunity in violation of state or federal statute, regulation or executive order; or

(F) the individual’s employer established and enforced a workplace rule which imposed a new and unreasonable burden on the individual, or was applied to the individual in a discriminatory manner; or

(G) the individual was subjected to conduct that a reasonable individual would consider physical abuse by a fellow employee or his supervisor or any other authorized representative of his employer; or

(H) the individual was subjected to a pattern of verbal abuse which would be offensive to a reasonable person by a fellow employee or his supervisor or any other authorized representative of his employer; or

(I) the individual’s employer required the individual to perform an activity which was unlawful, dishonest, or would otherwise pose an undue risk to the morals of a reasonable individual, or would unduly interfere with the individual’s free exercise of religious belief; or

(J) the individual was subjected to threat or intimidation as the result of participation in any lawful union activity; or

(K) the individual’s employer breached a definite promise to promote the individual after the individual fulfilled the conditions for promotion; and

(2) the individual expressed his dissatisfaction regarding the working condition to his employer and unsuccessfully sought a remedy through those means reasonably available to him before leaving his employment and in the instance of subdivision (1) (C) of this section, the individual shall present competent evidence that:

(A) The medical condition complained of necessitated his leaving such employment; and

(B) The individual advised the employer of his condition; and

(C) The individual unsuccessfully sought a remedy through those means reasonably available to him before leaving employment.

(Effective June 24, 1986; Amended July 28, 1997)