Montana Code 39-51-1214. Benefit payments chargeable to employer experience rating accounts — definition
39-51-1214. Benefit payments chargeable to employer experience rating accounts — definition. (1) Except for cost reimbursement, benefits paid must be charged to the account of each of the claimant’s base period employers. The benefit charged must be based on the percentage of wages paid by the employer as compared to the total wages paid by all employers in the claimant’s base period.
Terms Used In Montana Code 39-51-1214
- Base period: means :
(a)the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;
(b)if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;
(c)in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or
(d)for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
- Gross misconduct: means a criminal act, other than a violation of a motor vehicle traffic law, for which an individual has been convicted in a criminal court or has admitted or conduct that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of a fellow employee or the employer. See Montana Code 39-51-201
- Misconduct: includes but is not limited to the following conduct by an employee:
(i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:
(A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;
(B)repeated inexcusable tardiness following warnings by the employer;
(C)dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;
(D)false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;
(E)repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;
(F)deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201
- State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
(2)The account of an employer with an experience rating as provided in 39-51-1213 may not be charged with respect to benefits paid under the following situations:
(a)if paid to a worker who terminated services voluntarily with a covered employer without good cause. The department shall determine that a claimant left work with good cause attributable to employment when:
(i)the claimant had compelling reasons arising from the work environment that caused the claimant to leave and the claimant:
(A)attempted to correct the problem in the work environment; and
(B)informed the employer of the problem and gave the employer reasonable opportunity to correct the problem;
(ii)the claimant left work that the department determines to be unsuitable; or
(iii)the claimant left work within 30 days of returning to state-approved training.
(b)if paid in accordance with the extended benefit program triggered by either national or state indicators;
(c)subject to the provisions of 39-51-605, if the base period employer continues to provide employment with no reduction in hours or wages;
(d)if benefits are paid to claimants who are in training approved under 39-51-2307;
(e)if the base period employer is ordered to military service, as defined in 10-1-1003;
(f)if benefits are paid to an employee laid off as the result of the return to work of a permanent employee who:
(i)was called to military service, as defined in 10-1-1003; and
(ii)had completed 4 or more weeks of military service and exercised reemployment rights under Title 10, chapter 1, part 10;
(g)if the worker separates from employment as a result of domestic violence, a sexual assault, or stalking pursuant to 39-51-2111;
(h)if paid to a worker who was terminated by the employer for misconduct or gross misconduct; or
(i)if benefits are paid to a claimant laid off as a direct result of a major natural disaster declared by the president pursuant to 42 U.S.C. § 5170, et seq., if the recipient of the benefits would have been eligible for federal disaster unemployment assistance with respect to that unemployment except for the recipient’s receipt of state unemployment insurance benefits.
(3)For purposes of this section, the term “compelling reasons” includes but is not limited to:
(a)undue risk of injury, illness, or physical impairment or reasonably foreseeable risk to the claimant’s morals;
(b)unreasonable actions by the employer concerning hours, wages, terms of employment, or working conditions;
(c)a condition underlying a workers’ compensation or occupational disease claim for which liability has been accepted by a workers’ compensation insurer. If the condition is one for which liability has not been accepted by the workers’ compensation insurer, the department shall independently evaluate the condition to determine whether the condition appears to result from the claimant’s employment. If the condition appears to the satisfaction of the department to be related to work, the department shall consider the condition to provide a compelling reason for leaving work.
(d)unreasonable rules or discipline by the employer so severe as to constitute harassment.