Unemployment Insurance

Web Library Topic - Quit for Personal Reasons

Statute

§ 8‑73‑108(5)(e)(XXII), C.R.S. 2005

(5)(e) Subject to the maximum reduction consistent with federal law, and insofar as consistent with interstate agreements, if a separation from employment occurs for any of the following reasons, the employer from whom such separation occurred shall not be charged for benefits which are attributable to such employment and, because any payment of benefits which are attributable to such employment out of the fund as defined in section 8-70-103 (13) shall be deemed to have an adverse effect on such employer's account in such fund, no payment of such benefits shall be made from such fund:

(XXII) Quitting under conditions involving personal reasons that do not, under other provisions of this section, provide for an award of benefits, including compelling personal reasons.

Cases

Gatewood v. Russell, 29 Colo. App. 11, 478 P.2d 679 (1970)

"[T]he reason for voluntary termination of employment must be for objective rather than personal reasons."  In this case, although the claimant asserted he quit because of harassment, those circumstances were found to be a personality conflict with his supervisor.  Therefore, because the claimant quit for subjective personal reasons, the claimant was disqualified from the receipt of unemployment benefits.

Rotenberg v. Industrial Commission, 42 Colo. App. 161, 590 P.2d 521 (1979)

A claimant who quit because of cigarette smoke in the work environment did not show the working conditions were unsatisfactory or hazardous apart from his subjective assertions of discomfort, and was properly disqualified.

Musgrave v. Industrial Claim Appeals Office, 762 P.2d 686 (Colo. App. 1988)

Although the employer could have acted more reasonably under the circumstances, that did not justify an award for the claimant who quit because of her personal dissatisfaction with the employer's otherwise reasonable actions.

Colorado Division of Employment & Training v. Hewlett, 777 P.2d 704 (Colo. 1989)

§ 8-73-108(5)(e)(XXII) is not applicable where the claimant’s "personal reasons" for quitting would support an award under any of the qualifying provision of § 8-73-108(4), C.R.S. 2004.

Cole v. Industrial Claim Appeals Office, 964 P.2d 617 (Colo. App. 1998)

Although the claimant's health problems and those of her children contributed to her decision to quit, the claimant was not prevented from working due to those circumstances, and thus the claimant's resignation was a volitional act that disqualified her under § 8‑73‑108(5)(e)(XXII).

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