Section 23.20.385. Suitable work.

   (a) Work may not be considered suitable and benefits may not be denied under a provision of this chapter to an 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 the 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 a bona fide labor organization.
   (b) In determining whether work is suitable for a claimant and in determining the existence of good cause for leaving or refusing work, the department shall, in addition to determining the existence of any of the conditions specified in (a) of this section, consider the degree of risk to the claimant's health, safety, and morals, the claimant's physical fitness for the work, the claimant's prior training, experience, and earnings, the length of the claimant's unemployment, the prospects for obtaining work at the claimant's highest skill, the distance of the available work from the claimant's residence, the prospects for obtaining local work, and other factors that influence a reasonably prudent person in the claimant's circumstances.
   (c) This section shall be given the same meaning as the Secretary of Labor gives to 26 U.S.C. 3304(a)(5) (Internal Revenue Code of 1954).

Authorities

23.20.406

Notes

Implemented As

8 AAC 85.095
8 AAC 85.350
8 AAC 85.351
8 AAC 85.352
8 AAC 85.353
8 AAC 85.354
8 AAC 85.355
8 AAC 85.356
8 AAC 85.357
8 AAC 85.410

References

8 AAC 85.095
AS 23.20.406 Extended benefits.

History

(Sec. 742 ch 5 ESLA 1955)