23-774. Documentation of benefit eligibility

A. The department shall require an individual who files a claim for benefits to provide documentation or information sufficient for the department to determine the individual's eligibility for benefits. If an individual who files a claim for benefits has the ability to produce documents or information and fails to produce the documents or information, the department may find the individual's claim for unemployment benefits invalid until the documents or information are produced.

B. On request by the department, an employer shall provide relevant documentation to the department to allow the department to determine the individual's eligibility for benefits.

C. If an employer provides documentation that an individual either voluntarily resigned from employment or abandoned the individual's employment, the burden of providing documentation to determine an individual's eligibility for benefits shifts to the individual.

D. Documentation from an employer to show the individual's voluntary resignation or abandonment of employment may include written or verbal statements from the employer detailing the individual's circumstances for leaving employment. Supporting documentation of:

1. A voluntary resignation may include an employer's attestation of the individual's verbal resignation and that work was available for the individual, if the individual did not provide a written resignation.

2. Job abandonment may include an attestation from the employer that the individual failed to report for assigned work and that work was available for the individual.

E. Notwithstanding this section, the department shall make reasonable efforts to obtain the information necessary to determine the eligibility of the individual.