(1) A worker shall be disqualified from receiving benefits for the duration of any
period of unemployment with respect to which:
(a) He or she has failed without good cause either to apply for available, suitable
work when so directed by the employment office or the secretary, to accept an
interview from a prospective employer offering suitable work, or to accept
suitable work when offered him or her, or to return to his or her customary
self-employment when so directed by the secretary;
(b) He or she has been discharged for misconduct or dishonesty connected with
his or her most recent work, or from any work which occurred after the first
day of the worker's base period and which last preceded his or her most recent
work, but legitimate activity in connection with labor organizations or failure
to join a company union shall not be construed as misconduct;
(c) He or she has left his or her most recent suitable work or any other suitable
work which occurred after the first day of the worker's base period and which
last preceded his or her most recent work voluntarily without good cause
attributable to the employment. No otherwise eligible worker shall be
disqualified from receiving benefits for:
1. Leaving his or her next most recent suitable work which was concurrent
with his or her most recent work;
2. Leaving work which is one hundred (100) road miles or more, as
measured on a one (1) way basis, from his or her home to accept work
which is less than one hundred (100) road miles from his or her home;
3. Accepting work which is a bona fide job offer with a reasonable
expectation of continued employment; or
4. Leaving work to accompany the worker's spouse to a different state,
military base of assignment, or duty station that is one hundred (100)
road miles or more, as measured on a one (1) way basis, from the
worker's home when the spouse is reassigned by the military; or
(d) He or she fails to act in good faith to secure suitable work.
(2) A worker shall be disqualified from receiving benefits for any week with respect to
which he or she knowingly made a false statement to establish his or her right to or
the amount of his or her benefits, and, within the succeeding twenty-four (24)
months, for the additional weeks immediately following the date of discovery, not
to exceed a total of fifty-two (52), as may be determined by the secretary.
(3) No worker shall be disqualified under paragraph (b) or (c) of subsection (1) of this
section unless the employer, within a reasonable time as prescribed by regulations
promulgated by the secretary, notifies the cabinet and the worker in writing of the
alleged voluntary quitting or the discharge for misconduct. Nothing in this
subsection shall restrict the right of the secretary to disqualify a worker whose
employer has refused or failed to notify the Education and Labor Cabinet of the
alleged voluntary quitting or discharge for misconduct, if the alleged voluntary
quitting or discharge for misconduct is known to the secretary prior to the time
benefits are paid to the worker. The exercise of the right by the secretary, in the
absence of timely notice from the employer, shall not relieve the employer's reserve
account or reimbursing employer's account of benefit charges under the provisions
of subsection (3) of KRS 341.530.
(4) As used in this section and in subsection (3) of KRS 341.530, "most recent" work
shall be construed as that work which occurred after the first day of the worker's
base period and which last preceded the week of unemployment with respect to
which benefits are claimed; except that, if the work last preceding the week of
unemployment was seasonal, intermittent, or temporary in nature, most recent work
may be construed as that work last preceding the seasonal, intermittent, or
temporary work.
(5) No worker shall be disqualified or held ineligible under the provisions of this
section or KRS 341.350, who is separated from employment pursuant to a labor
management contract or agreement, or pursuant to an established employer plan,
program, or policy, which permits the employer to close the plant or facility for
purposes of vacation or maintenance.
(6) "Discharge for misconduct" as used in this section shall include but not be limited
to, separation initiated by an employer for falsification of an employment
application to obtain employment through subterfuge; knowing violation of a
reasonable and uniformly enforced rule of an employer; unsatisfactory attendance if
the worker cannot show good cause for absences or tardiness; damaging the
employer's property through gross negligence; refusing to obey reasonable
instructions; reporting to work under the influence of alcohol or drugs or consuming
alcohol or drugs on employer's premises during working hours; conduct
endangering safety of self or co-workers; and incarceration in jail following
conviction of a misdemeanor or felony by a court of competent jurisdiction, which
results in missing at least five (5) days work.
(7) "Duration of any period of unemployment," as that term is used in this section, shall
be the period of time beginning with the worker's discharge, voluntary quitting, or
failure to apply for or accept suitable work and running until the worker has worked
in each of ten (10) weeks, whether or not consecutive, and has earned ten (10) times
his or her weekly benefit rate in employment covered under the provisions of this
chapter or a similar law of another state or of the United States.
Effective: January 1, 2023
History: Amended 2022 Ky. Acts ch. 21, sec. 9, effective January 1, 2023; and ch. 236,
sec. 143, effective July 1, 2022. -- Amended 2017 Ky. Acts ch. 172, sec. 1, effective
June 29, 2017. -- Amended 2009 Ky. Acts ch. 11, sec. 78, effective June 25, 2009. --
Amended 2006 Ky. Acts ch. 211, sec. 148, effective July 12. 2006; and ch. 252, Pt.
XXVIII, sec. 11, effective April 25, 2006. -- Amended 1996 Ky. Acts ch. 266, sec.
12, effective July 15, 1996; and ch. 271, sec. 20, effective July 15, 1996. -- Amended
1990 Ky. Acts ch. 6, sec. 4, effective July 13, 1990. -- Amended 1986 Ky. Acts ch.
26, sec. 5, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 326, sec. 7,
effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 261, sec. 5, effective July 1,
1982. -- Amended 1980 Ky. Acts ch. 188, sec. 272; and ch. 385, sec. 6, effective July
15, 1980. -- Amended 1978 Ky. Acts ch. 389, sec. 23, effective July 1, 1978. --
Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 102 and 107(21). -- Amended 1964
Ky. Acts ch. 168, sec. 3. -- Amended 1962 Ky. Acts ch. 223, sec. 2. -- Amended
1958 Ky. Acts ch. 4, sec. 8. -- Amended 1952 Ky. Acts ch. 154, secs. 12 and 13. --
Amended 1950 Ky. Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch. 216, sec. 12.
-- Amended 1942 Ky. Acts ch. 20, secs. 4 and 10. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-9.
Legislative Research Commission Note (1/1/2023). This statute was amended by 2022
Ky. Acts chs. 21 and 236, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26,
provides that the Act, which amended this statute, may be cited as the
Unemployment Insurance Sustainability Act of 2022.
Notes of Decisions
Kentucky Unemployment Ins. Comm'n v. Cecil, 381 S.W.3d 238 (Ky. 2012).
· cites it 13× “RODUCTION This Court granted discretionary review of a decision of the Court of Appeals which reversed an opinion and order of the Jefferson Circuit Court which affirmed an order of the Kentucky Unemployment Insurance Commission, in which the Commission concluded that Appellee…”
Holbrook v. Kentucky Unemployment Ins. Comm'n, 290 S.W.3d 81 (Ky. Ct. App. 2009).
· cites it 11× “REASONS The employer trying to show a disqualification under KRS 341.370 must bear the burden of proof by a preponderance of credible evidence.”
Kentucky Unemployment Ins. Comm'n v. Jones, 809 S.W.2d 715 (Ky. Ct. App. 1991).
· cites it 6× “The trial court did not agree that suspension for misconduct disqualifies an employee from compensation because KRS 341.370 only provides for disqualification in the event of “discharge” for misconduct.”
Downey v. Kentucky Unemployment Ins. Comm'n, 479 S.W.3d 85 (Ky. Ct. App. 2015).
· cites it 8× “” These statements, made knowingly by Downey, directly violated KRS 341.370(2). 3 After receiving the Referee’s decision, Downey appealed to the Commission.”
Alford v. Ky. Unemployment Ins. Comm'n, 568 S.W.3d 367 (Ky. Ct. App. 2018).
· cites it 3× “Examples of "discharge for misconduct" shall include but not be limited to, separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge; knowing violation of a reasonable and uniformly enforced rule of an employer;…”
Runner v. Commonwealth, 323 S.W.3d 7 (Ky. Ct. App. 2010).
· cites it 5× “(b) He has been discharged for misconduct or dishonesty connected with his most recent work[.]” Although the statute does not specifically define “discharge for misconduct,” it describes the term as including, but not being limited, to: [Separation initiated by an employer for…”
Berrier v. Bizer, 57 S.W.3d 271 (Ky. 2001).
“KRS 341.370. Thus, there could be no claim of res judicata because there was no identity of issues.”
Thompson v. Kentucky Unemployment Ins. Comm'n, 85 S.W.3d 621 (Ky. Ct. App. 2002).
“4 The referee further found that the company’s termination of Thompson prior to the effective date intended in the two-week ad *624 vanced notice was not based on reasons constituting “discharge for misconduct” under KRS 341.370(6), but that Thompson had not established that his…”
Broadway & Fourth Avenue Realty Co. v. Allen, 365 S.W.2d 302 (Ky. Ct. App. 1962).
· cites it 6× “The Commission held that KRS 341.370 prescribing the disqualifications to receive benefits should be construed narrowly and that the facts did not clearly and convincingly show that the claimant voluntarily quit without good cause or was discharged for misconduct.”
Ramirez v. Bolster & Jeffries Health Care Grp., LLC, 277 F. Supp. 3d 889 (W.D. Ky. 2017).
“The sole purpose of that hearing was ■ determine whether Ramirez was ineligible for unemployment due to the employer’s stated basis for her termination under KRS 341.370. See Ky. Unemployment Ins. Comm’n v.”
Shamrock Coal Co., Inc. v. Taylor, 697 S.W.2d 952 (Ky. Ct. App. 1985).
· cites it 2× “KRS 341.370(1)(b) provides in relevant part as follows: DISQUALIFICATIONS RELATED DEFINITIONS.”
— Ky. Rev. Stat. § 341.370(1) — 12 cases
Kentucky Unemployment Ins. Comm'n v. Cecil, 381 S.W.3d 238 (Ky. 2012).
“RODUCTION This Court granted discretionary review of a decision of the Court of Appeals which reversed an opinion and order of the Jefferson Circuit Court which affirmed an order of the Kentucky Unemployment Insurance Commission, in which the Commission concluded that Appellee…”
Kentucky Unemployment Ins. Comm'n v. Jones, 809 S.W.2d 715 (Ky. Ct. App. 1991).
“The trial court did not agree that suspension for misconduct disqualifies an employee from compensation because KRS 341.370 only provides for disqualification in the event of “discharge” for misconduct.”
Runner v. Commonwealth, 323 S.W.3d 7 (Ky. Ct. App. 2010).
“(b) He has been discharged for misconduct or dishonesty connected with his most recent work[.]” Although the statute does not specifically define “discharge for misconduct,” it describes the term as including, but not being limited, to: [Separation initiated by an employer for…”
— Ky. Rev. Stat. § 341.370(1)(b) — 10 cases
Alford v. Ky. Unemployment Ins. Comm'n, 568 S.W.3d 367 (Ky. Ct. App. 2018).
“Examples of "discharge for misconduct" shall include but not be limited to, separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge; knowing violation of a reasonable and uniformly enforced rule of an employer;…”
Holbrook v. Kentucky Unemployment Ins. Comm'n, 290 S.W.3d 81 (Ky. Ct. App. 2009).
“REASONS The employer trying to show a disqualification under KRS 341.370 must bear the burden of proof by a preponderance of credible evidence.”
Shamrock Coal Co., Inc. v. Taylor, 697 S.W.2d 952 (Ky. Ct. App. 1985).
“KRS 341.370(1)(b) provides in relevant part as follows: DISQUALIFICATIONS RELATED DEFINITIONS.”
— Ky. Rev. Stat. § 341.370(2) — 8 cases
Downey v. Kentucky Unemployment Ins. Comm'n, 479 S.W.3d 85 (Ky. Ct. App. 2015).
“” These statements, made knowingly by Downey, directly violated KRS 341.370(2). 3 After receiving the Referee’s decision, Downey appealed to the Commission.”
— Ky. Rev. Stat. § 341.370(2)(c) — 4 cases
— Ky. Rev. Stat. § 341.370(2)(e) — 1 case
— Ky. Rev. Stat. § 341.370(2Xe) — 1 case
— Ky. Rev. Stat. § 341.370(3) — 1 case
Broadway & Fourth Avenue Realty Co. v. Allen, 365 S.W.2d 302 (Ky. Ct. App. 1962).
“The Commission held that KRS 341.370 prescribing the disqualifications to receive benefits should be construed narrowly and that the facts did not clearly and convincingly show that the claimant voluntarily quit without good cause or was discharged for misconduct.”
— Ky. Rev. Stat. § 341.370(6) — 27 cases
Kentucky Unemployment Ins. Comm'n v. Cecil, 381 S.W.3d 238 (Ky. 2012).
“RODUCTION This Court granted discretionary review of a decision of the Court of Appeals which reversed an opinion and order of the Jefferson Circuit Court which affirmed an order of the Kentucky Unemployment Insurance Commission, in which the Commission concluded that Appellee…”
Holbrook v. Kentucky Unemployment Ins. Comm'n, 290 S.W.3d 81 (Ky. Ct. App. 2009).
“REASONS The employer trying to show a disqualification under KRS 341.370 must bear the burden of proof by a preponderance of credible evidence.”
Runner v. Commonwealth, 323 S.W.3d 7 (Ky. Ct. App. 2010).
“(b) He has been discharged for misconduct or dishonesty connected with his most recent work[.]” Although the statute does not specifically define “discharge for misconduct,” it describes the term as including, but not being limited, to: [Separation initiated by an employer for…”
Kentucky Unemployment Ins. Comm'n v. Jones, 809 S.W.2d 715 (Ky. Ct. App. 1991).
“The trial court did not agree that suspension for misconduct disqualifies an employee from compensation because KRS 341.370 only provides for disqualification in the event of “discharge” for misconduct.”
Thompson v. Kentucky Unemployment Ins. Comm'n, 85 S.W.3d 621 (Ky. Ct. App. 2002).
“4 The referee further found that the company’s termination of Thompson prior to the effective date intended in the two-week ad *624 vanced notice was not based on reasons constituting “discharge for misconduct” under KRS 341.370(6), but that Thompson had not established that his…”
— Ky. Rev. Stat. § 341.370(b) — 1 case
— Ky. Rev. Stat. § 341.370(l)(a) — 1 case
— Ky. Rev. Stat. § 341.370(l)(b) — 8 cases
Holbrook v. Kentucky Unemployment Ins. Comm'n, 290 S.W.3d 81 (Ky. Ct. App. 2009).
“REASONS The employer trying to show a disqualification under KRS 341.370 must bear the burden of proof by a preponderance of credible evidence.”
Shamrock Coal Co., Inc. v. Taylor, 697 S.W.2d 952 (Ky. Ct. App. 1985).
“KRS 341.370(1)(b) provides in relevant part as follows: DISQUALIFICATIONS RELATED DEFINITIONS.”
— Ky. Rev. Stat. § 341.370(l)(c) — 7 cases
— Ky. Rev. Stat. § 341.370(l)(c)(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.