![]() ![]() ![]() An express resignation is not necessary when the conduct of the claimant is tantamount to voluntary resignation. The intent to quit can be shown by actions as well as words. For example, an employee's general statement that he is going to resign several months in the future is generally not considered a resignation. If an employee is discharged for any reason, other than perhaps for the commission of an act which the employee knowingly intended to result in his discharge, it cannot be said that his unemployment was due to "leaving work voluntarily." Allen, supra.Įvery statement that an employee makes that he intends to resign is not a resignation. ![]() It expresses a clear legislative intent that to disqualify a claimant from benefits, the evidence must establish that the claimant, by his own choice, intentionally, of his own free will, terminated the employment. The phrase "leaving work voluntarily" has a plain, definite, and sensible meaning, free of ambiguity. The term "leaving work voluntarily" is not defined anywhere in Section 8-1001, and absent some imperative reason for enlarging its meaning, the term should be construed as having its ordinary and commonly accepted meaning. It is important to resolve the issue of whether a claimant voluntarily quit or was discharged because the burden of proof is allocated differently depending on whether a quit or a discharge occurred. If a claimant voluntarily quits his employment without good cause or valid circumstances, the claimant will be disqualified from receiving benefits until he becomes reemployed, earns at least 15 times his weekly benefit amount in covered employment, thereafter becomes unemployed through no fault of his own, and meets the other requirements of the law.īefore a penalty can be imposed under Section 8-1001, it must be shown that the claimant voluntarily quit his job. Once the penalty period expires, the claimant may still be eligible for the full amount of unemployment insurance benefits available under the law. The duration of the penalty is discretionary with the fact finder. If a claimant voluntarily quits his job without good cause, but for valid circumstances, a penalty consisting of a delay of payments for five to ten weeks will be imposed. If a claimant voluntarily quits his job for reasons which constitute good cause, no penalty will be imposed against the claimant's receipt of unemployment insurance benefits. By creating separate disqualifying provisions in this section, the legislature intended to make a clear distinction between those factual situations in which an employee is discharged and those in which he quits the job. Under Section 8-1001 of the Labor and Employment Article, a claimant may be disqualified from receiving unemployment insurance benefits if he voluntarily quits his employment. The provisions dealing with voluntarily quitting employment are located in Section 8-1001 of the Labor and Employment Article of the Annotated Code of Maryland. Voluntary Quit - Section 8-1001 - Maryland Unemployment Decisions Digest - Appeals ![]()
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