Disqualification for benefits
HRS §383-30
in effect383-30. Disqualification for benefits
An individual shall be disqualified for benefits:
(1) Voluntary separation. For any week prior to
October 1, 1989, in which the individual has left work voluntarily without
good cause, and continuing until the individual has, subsequent to the week in
which the voluntary separation occurred, been employed for at least five
consecutive weeks of employment. For the purposes of this paragraph,
"weeks of employment" means all those weeks within each of which the
individual has performed services in employment for not less than two days or
four hours per week, for one or more employers, whether or not such employers
are subject to this chapter. For any week beginning on and after
October 1, 1989, in which the individual has left the individual's work
voluntarily without good cause, and continuing until the individual has,
subsequent to the week in which the voluntary separation occurred, been paid
wages in covered employment equal to not less than five times the individual's
weekly benefit amount as determined under section 383-22(b).
An owner-employee of a corporation who
brings about the owner-employee's unemployment by divesting ownership, leasing
the business interest, terminating the business, or by other similar actions
where the owner-employee is the party initiating termination of the employment
relationship, has voluntarily left employment.
(2) Discharge or suspension for misconduct. For any
week prior to October 1, 1989, in which the individual has been discharged
for misconduct connected with work, and continuing until the individual has,
subsequent to the week in which the discharge occurred, been employed for at
least five consecutive weeks of employment. For the week in which the
individual has been suspended for misconduct connected with work and for not
less than one or more than four consecutive weeks of unemployment which immediately
follow such week, as determined in each case in accordance with the seriousness
of the misconduct. For the purposes of this paragraph, "weeks of
employment" means all those weeks within each of which the individual has
performed services in employment for not less than two days or four hours per
week, for one or more employers, whether or not such employers are subject to
this chapter. For any week beginning on and after October 1, 1989, in
which the individual has been discharged for misconduct connected with work,
and until the individual has, subsequent to the week in which the discharge
occurred, been paid wages in covered employment equal to not less than five
times the individual's weekly benefit amount as determined under section
383-22(b).
(3) Failure to apply for work, etc. For any week
prior to October 1, 1989, in which the individual failed, without good
cause, either to apply for available, suitable work when so directed by the
employment office or any duly authorized representative of the department of
labor and industrial relations, or to accept suitable work when offered and
continuing until the individual has, subsequent to the week in which the
failure occurred, been employed for at least five consecutive weeks of
employment. For the purposes of this paragraph, "weeks of
employment" means all those weeks within each of which the individual has
performed services in employment for not less than two days or four hours per
week, for one or more employers, whether or not such employers are subject to
this chapter. For any week beginning on and after October 1, 1989, in
which the individual failed, without good cause, either to apply for available,
suitable work when so directed by the employment office or any duly authorized
representative of the department of labor and industrial relations, or to
accept suitable work when offered until the individual has, subsequent to the
week in which the failure occurred, been paid wages in covered employment equal
to not less than five times the individual's weekly benefit amount as
determined under section 383-22(b).
(A) In determining whether or not any work is
suitable for an individual there shall be considered among other factors and in
addition to those enumerated in paragraph (3)(B), the degree of risk involved
to the individual's health, safety, and morals, the individual's physical
fitness and prior training, the individual's experience and prior earnings, the
length of unemployment, the individual's prospects for obtaining work in the
individual's customary occupation, the distance of available work from the individual's
residence, and prospects for obtaining local work. The same factors so far as
applicable shall be considered in determining the existence of good cause for
an individual's voluntarily leaving work under paragraph (1).
(B) Notwithstanding any other provisions of
this chapter, no work shall be deemed suitable and benefits shall not be denied
under this chapter to any otherwise eligible individual for refusing to accept
new work under any of the following conditions:
(i) If the position offered is vacant due
directly to a strike, lockout, or other labor dispute;
(ii) If the wages, hours, or other conditions of
the work offered are substantially less favorable to the individual than those
prevailing for similar work in the locality;
(iii) If as a condition of being employed the
individual would be required to join a company union or to resign from or
refrain from joining any bona fide labor organization.
(4) Labor dispute. For any week with respect to
which it is found that unemployment is due to a stoppage of work which exists
because of a labor dispute at the factory, establishment, or other premises at
which the individual is or was last employed; provided that this paragraph
shall not apply if it is shown that:
(A) The individual is not participating in or
directly interested in the labor dispute which caused the stoppage of work; and
(B) The individual does not belong to a grade
or class of workers of which, immediately before the commencement of the
stoppage, there were members employed at the premises at which the stoppage
occurs, any of whom are participating in or directly interested in the dispute;
provided that if in any case separate branches of work, which are commonly
conducted as separate businesses in separate premises, are conducted in
separate departments of the same premises, each such department shall, for the
purpose of this paragraph, be deemed to be a separate factory, establishment,
or other premises.
(5) If the department finds that the individual has
within the twenty-four calendar months immediately preceding any week of
unemployment made a false statement or representation of a material fact
knowing it to be false or knowingly failed to disclose a material fact to
obtain any benefits not due under this chapter, the individual shall be
disqualified for benefits beginning with the week in which the department makes
the determination and for each consecutive week during the current and
subsequent twenty-four calendar months immediately following such
determination, and such individual shall not be entitled to any benefit under
this chapter for the duration of such period; provided that no disqualification
shall be imposed if proceedings have been undertaken against the individual
under section 383-141.
(6) Other unemployment benefits. For any week or
part of a week with respect to which the individual has received or is seeking
unemployment benefits under any other employment security law, but this
paragraph shall not apply[:]
(A) If the appropriate agency finally
determines that the individual is not entitled to benefits under such other law;
or
(B) If benefits are payable to the individual
under an act of Congress which has as its purpose the supplementation of
unemployment benefits under a state law.
[L 1939, c 219, §5; am L 1941, c 304,
§1, subs 17; RL 1945, §4231; am L Sp 1949, c 13, §1; am L 1951, c 195, §1(5);
am L 1953, c 22, §1(1), (6); am L 1955, c 80, §1(a), (b); RL 1955, §93-29; am L
1957, c 74, §2(1); am L 1959, c 232, §3; am L Sp 1959 2d, c 1, §27; HRS
§383-30; am L 1973, c 75, §1; am L 1976, c 157, §2; am L 1978, c 198, §1; am L
1982, c 20, §1; gen ch 1985; am L 1986, c 32, §3 and c 162, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0030.htmFetched: 11/10/2026