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11-10-513. Disqualification — Voluntarily leaving work — Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-10-513. Disqualification — Voluntarily leaving work — Definitions.

11-10-513. Disqualification — Voluntarily leaving work — Definitions. (a)(1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work. (2)(A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so. (B)(i) As used in this subsection, “temporary help firm” means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e). (C) “Temporary employee” means an employee assigned to work for the clients of a temporary help firm. (3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole or probation shall be deemed to have left work “voluntarily and without good cause connected with the work”. (4) The disqualification shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compen

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-513

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:11-10-513
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d2299300c2a68f6614325e5130b88a5e2db56d1c2e0376dcbf7aefc82d16a231

Source location: content.xml paragraph 11769

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11-10-513. Disqualification — Voluntarily leaving work — Definitions. (a)(1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work. (2)(A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so. (B)(i) As used in this subsection, “temporary help firm” means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e). (C) “Temporary employee” means an employee assigned to work for the clients of a temporary help firm. (3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole or probation shall be deemed to have left work “voluntarily and without good cause connected with the work”. (4) The disqualification shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States. (b) No individual shall be disqualified under this section if after making reasonable efforts to preserve his or her job rights he or she left his or her last work: (1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; (2)(A) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(2)(A) of this section, “immediate family member” means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; (3)(A) Due to domestic violence that causes the individual reasonably to believe that the individual's continued employment will jeopardize the safety of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(3)(A) of this section, “immediate family member” means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; or (4) To accompany the individual's spouse because of a change in the location of the spouse's employment that makes it impractical to commute. (c)(1) No individual shall be disqualified under this section if he or she left his or her last work because he or she voluntarily participated in a permanent reduction in the employer's workforce after the employer announced a pending reduction in its workforce and asked for volunteers. (2) Such actions initiated by the employer shall be considered layoffs regardless of any incentives offered by the employer to induce its employees to volunteer. (3) Any incentives received shall be reported under § 11-10-517.

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Arkansas Code — all titles (historical 2020) · legal_authorities

11-10-517. Disqualification — Receipt of other remunerations.

11-10-517. Disqualification — Receipt of other remunerations. If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of: (1)Separation Payments. (A) For initial claims made on and after January 1, 2018: (i)(a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment. (b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section. (c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and (ii)(a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay. (b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii)(a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage. (B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation; (2) Unemployment benefits under an unemployment compensation law of another state or of the United States; (3)(A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer. (B)(i) However, the a

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-517

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-517. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-10-717. Collection — Failure to pay or report — Penalty — Definition.

11-10-717. Collection — Failure to pay or report — Penalty — Definition. (a)(1)(A) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due may be collected by civil action in the name of the Director of the Division of Workforce Services. (B) The employer adjudged in default shall pay the costs of the action, including reasonable attorney's fees for prosecution of the action. (2) Civil actions brought under §§ 11-10-716 — 11-10-723 to collect contributions or interest from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this chapter and cases arising under the Workers' Compensation Law, § 11-9-101 et seq. (3)(A) The courts of this state shall, in like manner, entertain actions to collect contributions or interest for which liability has accrued under the unemployment compensation law of any other state or of the United States Government. (B) No suit, including an action for a declaratory judgment, shall be maintained and no writ or process shall be issued by any court of this state that has the purpose or effect of restraining, delaying, or forestalling the collection of any contributions under this chapter or substituting any collection procedure for those prescribed in this chapter. (4) If, after due notice, a person defaults in payment of contributions, the federal income tax refund of the person is subject to interception under the Claims Resolution Act of 2010, Pub. L. No. 111-291, or a regulation adopted to implement that law. (b)(1) There may be assessed by the director against employers who do not file their reports in the time prescri

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-717

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-717. This identifies an authority to review, not proof of applicability.