1. (a) For purposes of this section, “incidental employment” means employment held concurrently with an individual’s permanent, full-time employment.

2. (b) An individual shall not be disqualified under RSA 282-A:32, I(a) for leaving incidental employment which he already held prior to his becoming unemployed from his full-time position if the leaving was not from an employer whose “separate account” under RSA 282-A:74 is or becomes chargeable, and either:

   1. (1) The leaving, if after the end of the full-time employment, was prior to the individual’s working at the incidental employment for more than 4 consecutive weeks following the end of the full-time employment, and either:

      1. a. The incidental employment was not suitable work as defined at RSA 282-A:32, I(d)(1) and (d) (2); or

      2. b. The incidental employment became unsuitable work as defined at RSA 282-A:32, I(d)(1) as a result of:

         1. 1. The end of the full-time employment; or
         2. 2. Changes in circumstances made by the individual which a reasonably prudent person would have made because of the end of the full-time employment;
   2. (2) The leaving, if from suitable work as defined in RSA 282-A:32, I(d)(1) and (d) (2); and prior to the end of the full-time employment, was without knowledge or belief that a layoff from the full-time employment was likely; or

   3. (3) The leaving was:

      1. a. From suitable work as defined in RSA 282-A:32, I(d)(1) and (d) (2); and

      2. b. Prior to the end of the full-time employment, and either:

         1. 1. Without knowledge or belief that a layoff from the full-time work was likely; or
         2. 2. Reasonably prudent under the circumstances.

3. (c) “Reasonably prudent” for purposes of Emp 503.02(b) means:

   1. (1) Careful investigation of the facts;
   2. (2) Consideration of the circumstances;
   3. (3) Rational judgment of possible consequences; and
   4. (4) The exercise of due care.

Source. #4350, eff 12-28-87, EXPIRED: 12-28-93 New. #5977, eff 2-1-95, EXPIRED: 2-1-03 New. #8158, eff 9-5-04, EXPIRED: 9-5-12 New. #10500, INTERIM, eff 12-31-13, EXPIRES: 6-30-14; ss by #10629, eff 6-30-14