Section 646IAC5-8-4. Voluntary quit; good cause

   (a) A voluntary quit due to excessive discipline, or inappropriate comments or conduct by managers or coworkers, will not constitute good cause in connection with the work unless the claimant can establish that an individual in the same or similar circumstances would reasonably believe that the:

(1) conduct was severe and pervasive;

(2) conduct:

(A) was motivated by the claimant's:

(i) race;

(ii) age;

(iii) sex;

(iv) national origin; or

(v) religious beliefs;

or other status protected by law;

(B) endangered the claimant's physical safety; or

(C) endangered the claimant's mental health; and

(3) claimant reported the conduct pursuant to the employer's procedures, if any, but no employer action was taken within a reasonable period of time.

  (b) An individual who quits employment in anticipation of an imminent discharge does so with good cause if the:

(1) claimant establishes that the discharge was imminent; and

(2) employer fails to establish that the imminent discharge would have been for just cause.

  (c) If an employer gives an employee the opportunity to submit a resignation from employment, rather than be discharged, and the employee resigns, this is a quit in lieu of discharge, and the separation will be analyzed under the discharge for just cause criteria, as the employer is the moving party in the separation. (Department of Workforce Development; 646 IAC 5-8-4; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA)