Crooks v. Inland 465 Limited Partnership

921 P.2d 743, 129 Idaho 43, 1996 Ida. LEXIS 97
CourtIdaho Supreme Court
DecidedJuly 29, 1996
DocketNo. 22155
StatusPublished
Cited by1 cases

This text of 921 P.2d 743 (Crooks v. Inland 465 Limited Partnership) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crooks v. Inland 465 Limited Partnership, 921 P.2d 743, 129 Idaho 43, 1996 Ida. LEXIS 97 (Idaho 1996).

Opinion

SCHROEDER, Justice.

This is an appeal involving eligibility for unemployment benefits pursuant to section 72 — 1366(f) and (g) of the Idaho Code. The State of Idaho Industrial Commission held that the claimant, Dan Crooks, did not refuse an offer of available suitable employment. The employer, Inland 465, appeals from the decision of the Industrial Commission.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Daniel R. Crooks (Crooks) was employed by Inland 465 (Inland) as general manager from January 12, 1993, to July 15, 1994. At the time of his separation from Inland, Crooks was paid $6,250.93 per month.

Inland had solicited Crooks to become its general manager, and he had left employment with Potlatch Corporation after thirty-one and a half years. Prior to Crooks’ employment, Inland was not profitable; a year after Crooks became general manager, Inland was no longer experiencing losses.

Some of the employees of the company expressed concerns about Crooks to management at Inland. The employees alleged that Crooks had verbally abused them and several of them threatened to quit. Inland placed Crooks on leave with pay.

Subsequently, Inland offered Crooks continued employment as the operations manager instead of general manager. Crooks was to receive the same rate of pay, but as operations manager he would be removed from direct contact with employees and would report to the new general manager. Inland conditioned the transfer to the position of operations manager upon Crooks signing an employment agreement.

The employment agreement proposed by Inland provided Crooks with employment as operations manager for six months at the same salary and benefits he received as general manager. Upon the termination of Crooks’ employment, the employment agreement provided that Inland had the option “in its sole discretion” to pay a bonus of $25,000. The employment agreement also allowed Inland to terminate Crooks on two-weeks notice and upon any violation of its Personnel Policy Manual “which would allow for termination of employees without prior notice.” In addition, the employment agreement contained an “at will” acknowledgement, which stated, “From the date of his initial employment by INLAND until the date of this Agreement, CROOKS’ [sic] acknowledges and agrees that he has been an at-will employee of INLAND.” In addition, section IV of the Agreement contained a waiver of all of Crooks’ potential legal claims against Inland, which read, in pertinent part:

B. In consideration of the continued employment of CROOKS by INLAND pursuant to the terms of this Agreement, CROOKS hereby releases, acquits, and forever quitclaims and discharges INLAND, its officers, directors, agents, partners, employees and attorneys, from any and all actions, causes of action, claims or demands whatsoever, in law or in equity, against said parties, their successors or assigns, that CROOKS ever had, now has, or which his successors or assigns hereafter can, shall, or may, by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement.

After considering the employment agreement, Crooks returned to the place of employment ready to work, but he had not signed the agreement and was not permitted to return to work. Inland offered Crooks additional time to consider the agreement. After further consideration, Crooks said he would sign the agreement if he were guaranteed six months of employment and a bonus at the end of the six months. This proposal was not acceptable to Inland. Crooks refused to sign the tendered employment agreement. Inland terminated Crooks.

Crooks applied for unemployment compensation after his termination. An Eligibility Determination dated September 14, 1994, [45]*45found that Crooks was discharged for misconduct in connection with his employment, which is a basis upon which benefits are to be denied under I.C. § 72-1366(e), and that he failed to accept suitable work without good cause in violation of I.C. § 72 — 1366(f) and (g). Crooks filed a protest which was heard by an appeals examiner from the Department of Employment, Appeals Bureau. The appeals examiner found that Crooks was not discharged for misconduct, but affirmed that Crooks refused an offer of suitable employment without good cause. The appeals examiner denied unemployment benefits, stating that, “the claimant did not have good cause for refusing the offer of new employment by not wanting to sign the employment agreement.”

Upon appeal from the decision of the appeals examiner the Commission affirmed the determination that Crooks was discharged, but not for misconduct. The Commission reversed the decision that Crooks was not entitled to unemployment benefits, finding that Crooks did not refuse an offer of available suitable employment.

The Commission agreed with Crooks’ assertion that if he had signed the agreement he would have made valuable concessions for what was a guarantee of only two weeks of additional employment. The Commission found that, “[b]y signing Employer’s agreement, Claimant would have given up potentially valuable legal rights for an illusory offer of consideration.” The Commission concluded that Crooks was not offered suitable employment by Inland. Inland appealed the determination that Crooks was not offered suitable employment.

II.

STANDARD OF REVIEW

It is well established that this Court exercises free review over the Industrial Commission’s legal conclusions, Laundry v. Franciscan Health Care Center, 125 Idaho 279, 281, 869 P.2d 1374, 1376 (1994), and that findings of fact will only be disturbed on appeal where they are not supported by substantial, competent evidence. Wulff v. Sun Valley, 127 Idaho 71, 74, 896 P.2d 979, 982 (1995); Dewey v. Merrill, 124 Idaho 201, 203, 858 P.2d 740, 742 (1993); Idaho Const. art. 5, § 9.

The question of whether a claimant has met the eligibility requirements of I.C. § 72-1366 is a question of fact for the Industrial Commission. Laundry, at 281, 869 P.2d at 1376 (citing Burnside v. Gate City Steel Corp., 112 Idaho 1040, 1042, 739 P.2d 339, 341 (1987)). If the Commission’s resolution of such questions of fact is supported by substantial, competent evidence on the record it will not be overturned on appeal. Id.

III.

THE EMPLOYMENT OFFERED TO CROOKS BY INLAND WAS NOT “SUITABLE WORK”

Under Idaho’s Employment Security Law, “Where one has suitable employment and refuses to work under reasonable regulations and conditions, and pursuant to reasonable directives of management, such person is not entitled to unemployment benefits.” Seymour v. Potlatch Forests, Inc., 94 Idaho 224, 225, 486 P.2d 79, 80 (1971). The necessary determination is what constitutes “suitable work” under I.C. § 72-1366(f) and (g).

The relevant provisions read, in pertinent part:

72-1366. Personal eligibility conditions. — The personal eligibility conditions of a benefit claimant are that—

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Bluebook (online)
921 P.2d 743, 129 Idaho 43, 1996 Ida. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crooks-v-inland-465-limited-partnership-idaho-1996.