Public-domain · open source
OpenJurist

W. Va. Code § 21A-6-5

Considerations in determining if work is suitable

Known as the Unemployment Compensation Law

The act spans §§ 21A-10-1 to 21A-9-9a (265 sections).

Applied in 3 court decisions — leading case 171 W. Va. 164 - Gibson v. Rutledge (1982)

Most recently applied in 174 W. Va. 816 - Hall v. Rutledge (April 1985)

In determining whether work is suitable for an individual, the commissioner shall consider:

(1) The degree of risk involved to the individual's health, safety, and morals.

(2) The individual's physical fitness and prior training.

(3) His experience and prior earnings.

(4) His length of unemployment.

(5) His prospects of securing local work in his customary occupation.

(6) The distance of the available work from his residence: Provided, however, That the distance from his new residence shall not be considered in determining suitable work if such distance from available work was created as the result of the individual voluntarily changing his residence to a locality other than that locality in which he resided at the time he voluntarily quit his last employment without good cause involving fault on the part of the employer.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.