2006 Code of Virginia § 60.2-618 - Disqualification for benefits

60.2-618. Disqualification for benefits.

An individual shall be disqualified for benefits upon separation from thelast employing unit for whom he has worked 30 days or 240 hours or from anysubsequent employing unit:

1. For any week benefits are claimed until he has performed services for anemployer (i) during 30 days, whether or not such days are consecutive, or(ii) for 240 hours, and subsequently becomes totally or partially separatedfrom such employment, if the Commission finds such individual is unemployedbecause he left work voluntarily without good cause. As used in this chapter,"good cause" shall not include (i) voluntarily leaving work with anemployer to become self-employed or (ii) voluntarily leaving work with anemployer to accompany or to join his or her spouse in a new locality. Anindividual shall not be deemed to have voluntarily left work solely becausethe separation was in accordance with a seniority-based policy.

2. a. For any week benefits are claimed until he has performed services foran employer (i) during 30 days, whether or not such days are consecutive, or(ii) for 240 hours, and subsequently becomes totally or partially separatedfrom such employment, if the Commission finds such individual is unemployedbecause he has been discharged for misconduct connected with his work.

b. For the purpose of this subdivision, "misconduct" includes, but shallnot be limited to:

(1) An employee's confirmed positive test for a nonprescribed controlledsubstance, identified as such in Chapter 34 ( 54.1-3400 et seq.) of Title54.1, where such test was conducted at the direction of his employer inconjunction with the employer's administration and enforcement of a knownworkplace drug policy. Such test shall have been performed, and a samplecollected, in accordance with scientifically recognized standards by alaboratory accredited by the United States Department of Health and HumanServices, or the College of American Pathology, or the American Associationfor Clinical Chemistry, or the equivalent. The Commission may considerevidence of mitigating circumstances in determining whether misconductoccurred.

(2) An employee's intentionally false or misleading statement of a materialnature concerning past criminal convictions made in a written job applicationfurnished to the employer, where such statement was a basis for thetermination and the employer terminated the employee promptly upon thediscovery thereof. The Commission may consider evidence of mitigatingcircumstances in determining whether misconduct occurred.

(3) A willful and deliberate violation of a standard or regulation of theCommonwealth, by an employee of an employer licensed or certified by theCommonwealth, which violation would cause the employer to be sanctioned orhave its license or certification suspended by the Commonwealth. TheCommission may consider evidence of mitigating circumstances in determiningwhether misconduct occurred.

(4) Chronic absenteeism or tardiness in deliberate violation of a knownpolicy of the employer or one or more unapproved absences following a writtenreprimand or warning relating to more than one unapproved absence. TheCommission may consider evidence of mitigating circumstances in determiningwhether misconduct occurred.

3. a. If it is determined by the Commission that such individual has failed,without good cause, either to apply for available, suitable work when sodirected by the employment office or the Commission or to accept suitablework when offered him. The disqualification shall commence with the week inwhich such failure occurred, and shall continue for the period ofunemployment next ensuing until he has performed services for an employer (i)during 30 days, whether or not such days are consecutive, or (ii) for 240hours, and subsequently becomes totally or partially separated from suchemployment.

b. In determining whether or not any work is suitable for an individual, theCommission shall consider the degree of risk involved to his health, safetyand morals, his physical fitness and prior training, his experience, hislength of unemployment and the accessibility of the available work from hisresidence.

c. No work shall be deemed suitable and benefits shall not be denied underthis title to any otherwise eligible individual for refusing to accept newwork under any of the following conditions:

(1) If the position offered is vacant due directly to a strike, lockout, orother labor dispute;

(2) If the wages, hours, or other conditions of the work offered aresubstantially less favorable to the individual than those prevailing forsimilar work in the locality; or

(3) If as a condition of being employed the individual would be required tojoin a company union or to resign from or refrain from joining any bona fidelabor organization.

d. No individual shall be qualified for benefits during any week that suchindividual, in connection with an offer of suitable work, has a confirmedpositive test for a nonprescribed controlled substance, identified as such inChapter 34 ( 54.1-3400 et seq.) of Title 54.1, if the test is (i) requiredas a condition of employment and (ii) performed, and a sample is collected,in accordance with scientifically recognized standards by a laboratoryaccredited by the United States Department of Health and Human Services, orthe College of American Pathology, or the American Association for ClinicalChemistry, or the equivalent. The disqualification shall commence with theweek in which such a test was conducted, and shall continue for the period ofunemployment next ensuing until he has performed services for an employer (i)during 30 days, whether or not such days are consecutive, or (ii) for 240hours, and subsequently becomes totally or partially separated from suchemployment.

4. For 52 weeks, beginning with the date of the determination or decision, ifthe Commission finds that such individual, within 36 calendar monthsimmediately preceding such determination or decision, has made a falsestatement or representation knowing it to be false, or has knowingly failedto disclose a material fact, to obtain or increase any benefit or paymentunder this title, the unemployment compensation of any other state, or anyother program of the federal government which is administered in any wayunder this title, either for himself or any other person. Additionally, suchindividual shall be ineligible for benefits until he has repaid theCommission the sum that has been fraudulently obtained.

5. If such separation arose as a result of an unlawful act which resulted ina conviction and after his release from prison or jail until he has performedservices for an employer for (i) 30 days, whether or not such days areconsecutive, or (ii) 240 hours, and subsequently becomes totally or partiallyseparated from such employment.

6. If such separation arose as a condition of the individual's parole orrelease from a custodial or penal institution and such individual wasparticipating in the Diversion Center Incarceration Program pursuant to 19.2-316.3.

(Code 1950, 60-47; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1960, c. 136;1962, c. 12; 1966, c. 30; 1968, c. 738, 60.1-58; 1972, c. 764; 1974, c.466; 1977, c. 286; 1979, cc. 675, 681; 1981, c. 251; 1982, cc. 319, 363;1983, c. 559; 1984, c. 458; 1986, c. 480; 1991, c. 296; 1993, c. 249; 1996,cc. 175, 182, 194, 199; 1997, c. 202; 1998, c. 241; 1999, c. 919; 2004, cc.525, 977; 2005, c. 464.)