Fellin v. Administrator

493 A.2d 174, 196 Conn. 440, 1985 Conn. LEXIS 790
CourtSupreme Court of Connecticut
DecidedJune 11, 1985
Docket12454
StatusPublished
Cited by33 cases

This text of 493 A.2d 174 (Fellin v. Administrator) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fellin v. Administrator, 493 A.2d 174, 196 Conn. 440, 1985 Conn. LEXIS 790 (Colo. 1985).

Opinion

Peters, C. J.

This case concerns the eligibility for unemployment compensation of a worker who, having been discharged from his primary employment, voluntarily leaves part-time secondary employment. The plaintiff employee, William Fellin, filed an administrative appeal in the Superior Court from the decision of the employment security board of appeals upholding the determination of the defendant administrator of the Unemployment Compensation Act that he was ineligible for benefits. The trial court dismissed the plaintiffs appeal. When the plaintiff then sought further review in the Appellate Court, this court transferred the case here pursuant to Practice Book § 3004A.1

[442]*442The underlying facts are undisputed. The plaintiff was a full-time employee of General Motors, his primary employer, for almost nine years until April 8, 1982. During the last eight months of his primary employment, he also worked part-time for General Corporation of America, his secondary employer. Several days after he was laid off from his primary job he voluntarily left his secondary job “to avoid complications with [unemployment] benefit or [sub-benefit] programs and to allow [himself] more available hours for any other full-time employment.” Although the plaintiff had previously been able to transfer his part-time work hours to accommodate his other commitments, he did not seek to change his part-time work schedule but instead terminated his secondary employment on April 11, 1982.

The plaintiff received unemployment benefits of $176 a week until the defendant administrator, after a hearing, determined that the plaintiff was not entitled to benefits from April 11, 1982, because “he voluntarily left suitable work without requisite cause.” See General Statutes § 31-236 (2) (A).2 As a result of this administrative determination, the plaintiff was declared to be ineligible for future benefits until he returned to work and earned ten times his benefit rate; see id.;3 and, in addition, was notified to return $3344 representing weekly benefits mistakenly paid to him from April 11 to August 21, 1982. The administrative record indicates that the investigation into the plaintiff’s eligibility was initiated by the claim of the plaintiff’s [443]*443secondary employer that the plaintiff “left our company of his own choosing.” Throughout the administrative proceedings, the sole designated employer was the plaintiffs secondary employer, General Corporation of America.

The plaintiffs appeal to the employment security appeals division challenged the factual premises upon which the defendant had concluded that the plaintiff was ineligible for unemployment benefits. Before the appeals referee, he argued that he had left his secondary part-time employment for compelling personal cause because he needed time to apply for and to make himself available for full-time work. This claim was rejected and the plaintiff appealed to the board of review of the employment security appeals division, arguing that he had been unaware that he would have been able to continue working part-time without forfeiting partial unemployment benefits and protesting the unfairness of having to repay benefits previously received in good faith. These arguments were also rejected. Throughout his unsuccessful administrative appeals, the plaintiff acted on his own behalf without the assistance of counsel.

Having exhausted his ordinary administrative remedies, the plaintiff sought the advice of counsel, who filed a motion to reopen, addressed to the board of review, and an appeal addressed to the Superior Court. Notably, in both of these challenges, the plaintiff principally claimed error in the factual findings that underlay the determination of his ineligibility for unemployment benefits. The board of review denied his motion to reopen.4 The trial court determined that “[t]he action [444]*444of the administrator in denying the claim of the plaintiff for unemployment compensation was not unreasonable, arbitrary or illegal.” The court then rejected the plaintiffs claim that his ineligibility for benefits violated either public policy or the plaintiff’s constitutional rights to substantive due process or equal protection of the laws.

The plaintiff’s appeal to this court puts the plaintiff’s alleged eligibility for unemployment benefits into a new context. Although in one of his claims of error the plaintiff continues to maintain that the administrative decision was unreasonable, arbitrary and an abuse of discretion, the plaintiff’s principal contention now is that the eligibility statute, properly construed, permits a distinction between eligibility for benefits arising out of part-time secondary employment and eligibility for benefits arising out of full-time primary employment. Should this court be disinclined to find such a distinction in the language of § 31-236 (2) (A), the plaintiff urges us to hold the statute to be so irrational as to violate the equal protection clauses of the United States and the Connecticut constitutions.5

We need not linger at length over the plaintiff’s claim that the referee and the board of review erred in coming to the factual determination that he had left suitable work voluntarily and without sufficient cause connected with his work. As the trial court correctly noted, administrative appeals brought under General Statutes § 31-249b, insofar as they relate to factual [445]*445findings, are limited to a review of the record certified and filed by the board of review. The scope of such judicial review is in turn limited to the question whether the administrative action was unreasonable, arbitrary, illegal or an abuse of discretion. Burnham v. Administrator, 184 Conn. 317, 321-22, 439 A.2d 1008 (1981); Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 5, 434 A.2d 293 (1980). The trial court’s memorandum of decision persuasively demonstrates that the plaintiff cannot successfully challenge the factual premises of the administrator’s action. In apparent recognition of the futility of further pursuit of this claim of error, the plaintiff’s counsel at oral argument in this court expressly disclaimed any further disagreement with the factual findings underlying the plaintiff’s declared ineligibility for unemployment benefits.6

The plaintiff’s principal claim on this appeal is that the administrative proceedings were flawed not by factual error but by misconstruction of the applicable statute. Due respect for the remedial purposes of the Unemployment Compensation Act requires, he maintains, a construction of General Statutes § 31-236 (2) (A) that limits ineligibility for benefits to the particular work that the employee “left . . . voluntarily and without sufficient cause connected with his work.” This argument has two subparts, only the first of which was presented in the proceedings below. First, the plaintiff contends that, since he was not claiming benefits with regard to his part-time, secondary employment, he should be deemed fully eligible for unemployment benefits arising out of the involuntary termination of his full-time, primary employment. In the alternative, [446]

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Pet v. Department of Health Services
638 A.2d 6 (Supreme Court of Connecticut, 1994)
Evans v. Administrator, No. Cv92 0339365 (Nov. 5, 1993)
1993 Conn. Super. Ct. 9634 (Connecticut Superior Court, 1993)
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Bluebook (online)
493 A.2d 174, 196 Conn. 440, 1985 Conn. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellin-v-administrator-conn-1985.