Disqualification of unemployment benefits free essay sample

The Statute N. M. A. S. 51-1-17, (2011) which is defined as New Mexico’s Annotated Statute describes the disqualification of employee benefits. A individual shall be disqualified and not be eligible to receive benefits if the individual voluntarily left employment, misconduct associated to the individuals employment, or has failed to apply for available work when it was offered. The unemployment statute was created and enacted by The Legislature of The State of New Mexico. In section 2. 51-1-44 NMSA (1978) (being Laws 1977, Chapter 227, and section 6 as amended. The unemployment law is a federal and state partnership but mostly ran by the state employees. The unemployment disqualification law is a discretionary law due to the facts that there are circumstances and exceptions to the rules. For example: if someone was disqualified from benefits and could prove their acts of good faith in trying to search for work or for what reason to why they were disqualified, and by correcting an issue at hand, it would be up to the unemployment’s offices’ discretion to reinstate that persons benefits. We will write a custom essay sample on Disqualification of unemployment benefits or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The clausal term in the statute for why I believe this is true is in the 1st paragraph of 51-1-7, stating, â€Å"If it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits†. Basically what it is meaning that the phrase â€Å"good cause† is a discretionary phrase and who would be the one to say â€Å"what is good enough cause†, or â€Å"what is not good enough cause†, for the voluntarily leaving or quitting a place of employment? That is discretionary. One of the reasons that an individual can be disqualified from unemployment benefits would be for the reason if the individual voluntarily left or quit employment without good reason other than A) a pregnancy or termination of pregnancy, B)because of domestic abuse proven by medical documentation, legal documentation or a sworn testament by the claimant: or C) if the person voluntarily left work to relocate because of spouse, who is in the military service of the united states or the mew Mexico national guard, receiving permanent change of a station orders, activation orders, or unit deployment orders. There are a few other ways an individual; can be disqualified of benefits and that would be if it is determined by the division that the individual has been discharged for misconduct connected with the individuals employment. This means that the person was acting out of the normal and misbehaving at the work place. Most companies do not allow such behavior or misconduct resulting in termination. So an individual cannot turn around and collect unemployment benefits; NMSA 51-1-7 Paragraph A. Sec 2. In addition, one can be denied because if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division to accept work when offered. This is meaning that an individual must continue to look for work while collecting benefits and accept any job that is offered even if it is not what type of work he/she may be searching for or use to doing. They may not even be satisfied with the pay, however, it is a job and they must take the position if offered otherwise consequently the benefits will stop. Lastly the disqualification of unemployment benefits can also terminate ones benefits due to if the individual has received or is seeking, through any other agency other than the division, unemployment benefits under an unemployment compensation law of another state or of the United States; provided that if their appropriate agency of such other state or of the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification shall not apply. This disqualification is in NMSA 51-1-7 Paragraph D. (1) â€Å"Domestic abuse† means that the term as defined in Section 40-13-2 NMSA 1978: and (2) â€Å"Employment† means employment by the individual’s last employer as defined by rules of the secretary. â€Å"Exceptions† also known as â€Å"unless† In conclusion of the unemployment disqualification NMSA 51-1-7 (1978) The law indicates the facts of what types of disqualifications there are to have benefits denied or terminated along with reasons for the denial as well. In addition, finding that the law is a â€Å"discretionary law† and not â€Å"mandatory†, meaning it is not a strict law that cannot be changed or amended in the future. Discretionary means it can be changed upon the state’s employees own discretion.