An unemployed individual is eligible to receive benefits with respect to any week only if the bureau finds that:
1. The individual has made a claim for benefits with respect to such week in accordance with such regulations as the bureau may prescribe;
2. The individual has registered for work and thereafter continued to complete all assigned services and report to a local office as required in accordance with such regulations as the bureau may prescribe, except that the bureau may, by regulation, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of the North Dakota unemployment compensation law; provided, that no such regulation shall conflict with section 52-06-03;
3. The individual is able to work and is available for suitable work and actively seeking work, provided:
a. That notwithstanding any other provisions in this section, no otherwise eligible individual may be denied benefits for any week because the individual is in training with the approval of the bureau by reason of the application of provisions of this subsection relating to availability for work and to active search for work, or the provisions of subsection 3 of section 52-06-02 relating to disqualification for benefits for failure to apply for, or a refusal to accept, suitable work; and
b. That no claimant may be considered ineligible in any week of unemployment for failure to comply with this subsection, if the failure is due to an illness or disability not covered by workforce safety and insurance and which occurred after the claimant has registered for work and no work has been offered the claimant which is suitable;
4. The individual has been unemployed for a waiting period of one week. The executive director may suspend the waiting period during periods of time when federal reimbursement for benefit charges incurred for the suspended waiting period is made available to the bureau. Any suspension of the waiting period applies to all new initial claims filed with an effective date within the time period in which the waiting period is suspended. No week may be counted as a week of unemployment for the purposes of this subsection:
a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of benefits;
b. If benefits have been paid with respect thereto; and
c. Unless the individual was eligible for benefits, with respect thereto as provided in this section and section 52-06-02; and
5. The individual participates in re-employment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need re-employment services pursuant to a profiling system established by the bureau, unless the bureau determines that:
a. The individual has completed these services; or
b. There is justifiable cause for the claimant's failure to participate in these services.
Notes of Decisions
Otto v. Job Serv. North Dakota, 390 N.W.2d 550 (N.D. 1986).
· cites it 12× “Because Job Service's findings of inability to work and unavailability for work are not supported by a preponderance of the evidence, we conclude that Otto has demonstrated eligibility for benefits pursuant to Section 52-06-01, N.D.C.C. Accordingly, Job Service's decision…”
State v. Hatch, 346 N.W.2d 268 (N.D. 1984).
· cites it 2× “Eligibility for benefits under the unemployment compensation law is governed by § 52-06-01, N.D.C.C., which reads in pertinent part as follows: "An unemployed individual shall be eligible to receive benefits with respect to any week only if the bureau finds that: 1.”
Gartner v. Job Serv. North Dakota, 2004 ND 135, 681 N.W.2d 828.
· cites it 8× “, provides that an unemployed individual is eligible for benefits if the individual is able to'' work and is available for suitable work and actively seeking work, provided “[t]hat notwithstanding any other provisions in this section, no otherwise eligible individual may be…”
Lee v. Job Serv. North Dakota, 440 N.W.2d 518 (N.D. 1989).
“Lee also argues that Job Service should have approved his attendance at Moorhead State University so that he could receive benefits under § 52-06-01(3), N.D.C.C., which authorizes benefits to unemployed individuals “in training with the approval of the bureau.”
Beck v. Workmen's Comp. Bureau ex rel. Unemployment Comp. Div., 141 N.W.2d 784 (N.D. 1966).
“The record in this case shows that the petitioner has established a bona fide connection with the labor market and has performed services for an employer in an employment covered by the Unemployment Compensation Act for wages under a contract of hire, has become unemployed…”
Beck v. Job Serv. North Dakota, 1998 ND App 14, 585 N.W.2d 815.
· cites it 20× “The referee found: To be eligible for unemployment benefits, a claimant must be able to work, available for work, and actively seeking work in accordance with Law Section 52-06-01, Subsection 3. The claimant is able to work only part time.”
Powers v. State Job Serv., 1999 ND 162, 598 N.W.2d 817.
· cites it 2× “The specific regulations for a continuing claim for Job Service benefits are set forth in N.”
N.D. Cent. Code § 52-06-01(1): 1 case
Powers v. State Job Serv., 1999 ND 162, 598 N.W.2d 817.
“The specific regulations for a continuing claim for Job Service benefits are set forth in N.”
N.D. Cent. Code § 52-06-01(3): 4 cases
Otto v. Job Serv. North Dakota, 390 N.W.2d 550 (N.D. 1986).
“Because Job Service's findings of inability to work and unavailability for work are not supported by a preponderance of the evidence, we conclude that Otto has demonstrated eligibility for benefits pursuant to Section 52-06-01, N.D.C.C. Accordingly, Job Service's decision…”
Lee v. Job Serv. North Dakota, 440 N.W.2d 518 (N.D. 1989).
“Lee also argues that Job Service should have approved his attendance at Moorhead State University so that he could receive benefits under § 52-06-01(3), N.D.C.C., which authorizes benefits to unemployed individuals “in training with the approval of the bureau.”
Beck v. Job Serv. North Dakota, 1998 ND App 14, 585 N.W.2d 815.
“The referee found: To be eligible for unemployment benefits, a claimant must be able to work, available for work, and actively seeking work in accordance with Law Section 52-06-01, Subsection 3. The claimant is able to work only part time.”
N.D. Cent. Code § 52-06-01(3)(a): 1 case
Gartner v. Job Serv. North Dakota, 2004 ND 135, 681 N.W.2d 828.
“, provides that an unemployed individual is eligible for benefits if the individual is able to'' work and is available for suitable work and actively seeking work, provided “[t]hat notwithstanding any other provisions in this section, no otherwise eligible individual may be…”
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.