646 IAC 5-8-4
646 IAC 5-8-4 Voluntary quit; good cause
Cite as Ind. Admin. Code tit. 646, r. 5-8-4
Sec. 4. (a) A voluntary quit due to excessive discipline, or inappropriate comments or conduct by managers or coworkers, will not constitute
good cause in connection with the work unless it is established that an individual in the same or similar circumstances would reasonably believe that
the:
(1) conduct was severe and pervasive;
(2) conduct:
(A) was motivated by the claimant's:
(i) race;
(ii) age;
(iii) sex;
(iv) national origin; or
(v) religious beliefs;
or other status protected by law;
(B) endangered the claimant's physical safety; or
(C) endangered the claimant's mental health; and
(3) claimant reported the conduct pursuant to the employer's procedures, if any, but no employer action was taken within a reasonable
period of time.
(b) An individual who quits employment in anticipation of an imminent discharge does so with good cause if it is established that the:
(1) discharge was imminent; and
(2) imminent discharge would not have been for just cause.
(c) If an employer gives an employee the opportunity to submit a resignation from employment, rather than be discharged, and the employee
resigns, this is a quit in lieu of discharge, and the separation will be analyzed under the discharge for just cause criteria, as the employer is the moving
party in the separation.