George v. Brown

144 So. 2d 140, 1962 La. App. LEXIS 2214
CourtLouisiana Court of Appeal
DecidedSeptember 4, 1962
DocketNo. 712
StatusPublished
Cited by3 cases

This text of 144 So. 2d 140 (George v. Brown) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George v. Brown, 144 So. 2d 140, 1962 La. App. LEXIS 2214 (La. Ct. App. 1962).

Opinion

YARRUT, Judge.

This matter is on appeal from a judgment of the District Court affirming a decision of the Board of Review, affirming a decision of the Appeals Referee disqualifying claimant from unemployment compensation benefits provided by Louisiana’s Unemployment Compensation Law, LSA-R.S. 23 :1471 et seq., the judicial review provision being LSA-R.S. 23:1634.

Petition for judicial review was filed in the District Court by Plaintiff from the Board of Review, which disqualified heir from unemployment benefits. Her employer, Southern Bell Telephone and Telegraph Company (referred to hereinafter as the Telephone Company), opposes the payment of the benefits on the ground that since claimant received a termination allowance from it equal to 17 weeks pay, she was disqualified from receiving unemployment benefits for 17 weeks.

The District Court affirmed the rulings of the Division of Unemployment Security and denied claimant benefits for 17 weeks. Plaintiff and the Administrator of the Division have taken this appeal.

There is no factual dispute. The facts are:

Plaintiff had worked for the Telephone Company for approximately 13 years and 11 months, as a long-distance telephone and teletype operator, when her services were terminated under Art. 8, par. 8.01, sub-par. A3 of the contract between Communication Workers of America and the Telephone Company. She was paid $1190.00 termination pay, representing her weekly salary of $70.00 per week for 17 weeks.

The issue presented here is whether Plaintiff, when her services were terminated, became eligible for unemployment compensation under Louisiana Unemployment Compensation Law, LSA-R.S. 23:1601(7) (a).

Art. 8, par. 8.01, subpar. D2 of the C.W. A. contract requires that, if an employee has received a termination allowance under Art. 8.01 B or C and returns to the employ of the Telephone Company in a lesser number of weeks than he or she was paid for in his or her termmination allowance, he or she shall pay the Telephone Company the difference between the net amount of the termination allowance and the amount of his or her basic wage for the period of the payroll.

We must consider whether the termination pay made by the Telephone Company under the C.W.A. contract was to provide [142]*142Plaintiff with “wages” during her period of “unemployment” for 17 weeks.

LSA-R.S. 23:1472(19), reads:

“ ‘Unemployment’ — An individual shall be deemed to be ‘unemployed’ in any week during which he performs no services and with respect to which no wages are payable to him * *

LSA-R.S. 23:1472 defines “wages” as “all remuneration for services, including commissions and bonuses and the cash value of all remuneration in any medium other than costs.”

It is clear that the issue turns upon the question whether or not Plaintiff was paid wages with respect to the 17 weeks following her termination with the Telephone Company. It is not disputed that Plaintiff performed no services during those weeks. Was the severance allowance attributable to those 17 weeks, or attributable to the weeks or years prior to termination?

Plaintiff contends that the termination pay was an employee benefit, bargained for in the C.W.A. contract, as partial payment to her for prior years of faithful service, and the loss of various benefits and rights, such as seniority and pension benefits; and that her termination pay was in lieu thereof.

There is considerable, though divided, jurisprudence on this question from other jurisdictions. The cases holding that claimants are eligible under various state laws for benefits, even after having received their separation or termination allowance, are: Ackerson v. Western Union Tel. Co., 234 Minn. 271, 48 N.W.2d 338, 25 A.L.R. 2d 1063; Meakins v. Huiet, 100 Ga.App. 557, 112 S.E.2d 167; Kroger Co. v. Blum-enthal, 13 Ill .2d 222, 148 N.E.2d 734; Western Union Tel. Co. v. Texas Employment Commission, Tex.Civ.App., 243 S.W.2d 217; Dubois v. Maine Employment Security Commission, 150 Me. 494, 114 A.2d 359; Industrial Commission of Colorado v. Si-rokman, 134 Colo. 481, 306 P.2d 669.

The only Louisiana decision on this point is Swift & Company v. Brown, La.App., 132 So.2d 508, where the court was confronted with the same issue presented here, and held that the termination pay under the C.W.A. contract was not “wages” under the definition of the statute, as follows :

“This case turns upon the interpretation of the words ‘with respect to’ as used in the above statutory provision. In other words, what was the severance pay for? Was the severance pay made to relieve the employer, indirectly, for a loss that it may sustain as a result of making contributions to the Unemployment Compensation Fund, if benefits were allowed to the claimants under the Statute for the period of unemployment following their discharge, or was the severance pay meant to compensate the claimants for the loss of seniority rights, benefits of the hospitalization, surgical, medical and diagnostic insurance, death benefits available to the employees’ dependents, and all the other rights, credits and privileges as set forth in the bargaining contract which accrued to them over the period of time that they had served their employer ?
# * * * * *
“It is admitted that the claimants performed no services during the period subsequent to their discharge from Swift & Company. Having performed no services during such period, no wages could be payable to them ‘with respect to’ that period. Therefore, the wages in the form of severance payments must be applicable to some period ‘with respect to’ which and during which they did perform personal services for Swift & Company.
* * * * * *
“This severance payment is made in accordance with the provisions of the bargaining contract and a reading of that agreement as a whole leads this [143]*143court to the conclusion that these severance allowances were not related to future consideration, but were made solely to remunerate the claimants for their loss of the accumulated rights, benefits or credits which had accrued to them by reason of their length of service and its quality. The stipulation that the amount is to be ascertained by a certain number of weeks pay does not denote that these weeks of pay were ‘with respect to’ the period of time subsequent to employment. That is merely a convenient method of computing the separation allowances.
******
“At the same time, it is of the utmost importance to note that the law does not prescribe economic necessity or need as a qualifying condition requisite to becoming a beneficiary of unemployment compensation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pizzolato v. A.T. & T. Technologies, Inc.
543 So. 2d 601 (Louisiana Court of Appeal, 1989)
Hock v. Commonwealth
413 A.2d 444 (Commonwealth Court of Pennsylvania, 1980)
Balding v. Tennessee Department of Employment Security
370 S.W.2d 546 (Tennessee Supreme Court, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
144 So. 2d 140, 1962 La. App. LEXIS 2214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-brown-lactapp-1962.