Grider v. Adm'r, Dept. of Employment SEC.

564 So. 2d 751, 1990 WL 84441
CourtLouisiana Court of Appeal
DecidedJune 20, 1990
Docket21553-CA
StatusPublished
Cited by6 cases

This text of 564 So. 2d 751 (Grider v. Adm'r, Dept. of Employment SEC.) 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
Grider v. Adm'r, Dept. of Employment SEC., 564 So. 2d 751, 1990 WL 84441 (La. Ct. App. 1990).

Opinion

564 So.2d 751 (1990)

Richard GRIDER, Appellant,
v.
ADMINISTRATOR, DEPARTMENT OF EMPLOYMENT SECURITY and Moon Tree Services, Appellees.

No. 21553-CA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 1990.

*752 Northwest La. Legal Services by Ana S. Kazan, Shreveport, for appellant.

Office of Employment Sec. by James A. McGraw, Denise A. Nagel, Frank T. Scott, Jr., Ollivette E. Mencer, V. Broussard Guillory, J. Jerome Burden, Baton Rouge, for appellees.

Before FRED W. JONES, Jr., NORRIS and HIGHTOWER, JJ.

NORRIS, Judge.

In this unemployment compensation case, the claimant, Richard Grider, appeals the district court's judgment affirming the denial of his claim for benefits. He argues that the trial court erred in not finding that he left his job for good cause connected with his employment. Grider further contends, in essence, that the prior-claim requirement of LSA-R.S. 23:1601(1) violates the Due Process Clause and the Equal Protection Clause of the U.S. and Louisiana Constitutions. For the following reasons, we find merit in Grider's constitutional argument and reverse the district court's judgment affirming the denial of benefits. We also remand the case with instructions to determine whether Grider requalified for benefits.

FACTS

Grider was hired by Moon Tree Services in Shreveport, Louisiana as a tree climber. He worked from February 1987 to September 1987, averaging about 40 hours a week at $6.75 an hour plus overtime. On September 14, 1987, he notified his employer that he was leaving his job to accept another job with better pay and hours of work. Because he started the second job immediately, he filed no claim for benefits. At his second job, he stated he earned about $399.80 a week. He was later laid off on *753 October 29, 1987 for non-disqualifying reasons.

On November 8, 1987, Grider filed a claim for unemployment compensation with the Caddo Parish Agency. The agency denied his claim. He appealed to the Administrative Law Judge, who affirmed the decision of the agency. The judge held that Grider's action in leaving Moon Tree Services to accept other employment for increased pay was not good cause connected with the employment; thus Grider was disqualified and had not requalified for benefits. Grider then appealed to the Board of Review. The Board affirmed. Pursuant to LSA-R.S. 23:1634, Grider sought judicial review with the district court, naming the Agency and Moon Tree Services as defendants. The judgment of the Board was affirmed.

Grider took the instant appeal, which the Agency initially opposed. However, while the case was pending, the Louisiana Supreme Court decided Pierre v. Adm'r, La. Off. of Emp. Sec., 553 So.2d 442 (La.1989), discussed infra; at oral argument the Agency conceded that Pierre mandated reversal of the judgment.

GOOD CAUSE ARGUMENT

Because we are compelled to consider all non-constitutional arguments before passing upon the constitutionality of an act of the legislature, we will first discuss whether Grider left his first job under disqualifying circumstances. See Alexander v. Louisiana, 405 U.S. 625, 92 S.Ct. 1221, 31 L.Ed.2d 536 (1972); State v. Stripling, 354 So.2d 1297 (La.1978).

A claimant is disqualified from receiving unemployment benefits if he has left his employment without good cause connected with his employment. R.S. 23:1601(1). Personal reasons for resigning are not good cause connected with the employment. South Cent. Bell Tel. v. Dept. of Labor, 527 So.2d 1113 (La.App. 1st Cir. 1988), writ denied 532 So.2d 153 (La.1988); Louisiana Dept. of Corr. v. Adm'r, La. Off. of Emp. Sec., 457 So.2d 825 (La.App. 1st Cir.1984). Leaving a job to accept a better job with increased pay is a personal reason for terminating employment and, therefore, not a termination with good cause connected with the employment. Jenkins v. Whitfield, 505 So.2d 83 (La.App. 4th Cir.1987), writ denied 506 So.2d 114 (La.1987); Gunter v. Louisiana Dept. of Labor, 442 So.2d 804 (La.App. 4th Cir. 1983), writ denied 445 So.2d 438 (La.1984).

The cause of Grider's resignation had no connection with his employment. Grider chose to resign for purely personal reasons, to accept a better paying job. Grider's employer did nothing to induce or influence him to resign. Although his resignation may have been "reasonable," as he suggests, it nevertheless was without good cause in connection with his employment. For this reason, this assignment is without merit.

CONSTITUTIONAL ARGUMENT

Grider argues that the prior-claim requirement of R.S. 23:1601(1) creates an unequal distinction between disqualified claimants in violation of the Due Process Clause and the Equal Protection Clause of the U.S. and Louisiana Constitutions. R.S. 23:1601(1) provides in pertinent part:

An individual shall be disqualified for benefits:
(1) If the administrator finds that he has left his employment from a base period or subsequent employer without good cause connected with his employment. Such disqualification shall continue until such time as the claimant (a) can demonstrate that he has been paid wages for work subject to the Louisiana Employment Security Law or to the unemployment insurance law of any other state or the United States equivalent to at least ten times his weekly benefit amount subsequent to a claim for a compensable week for unemployment benefits under this Act and (b) has not left his last work under disqualifying circumstances. A compensable week is defined as a week for which benefits would otherwise be payable except for the disqualification imposed by this Paragraph or by the provisions of R.S. 23:1600(4); however, *754 if the claim for a compensable week is filed subsequent to six months from the date of any disqualifying separation under this Paragraph and the claimant has earned ten times his weekly benefit amount subsequent to the separation and has not left his last work under disqualifying circumstances, the disqualification imposed by this Paragraph shall no longer apply. * * *

Thus, an employee who voluntarily leaves his employment will be disqualified from receiving unemployment benefits but the statute also provides two methods for removing the disqualification. Under the first method, a disqualified claimant can requalify for benefits if he files a claim after leaving his first job, goes to a second job and earns wages equal to ten times his weekly benefit amount, and then leaves his second job under non-disqualifying circumstances. The second method covers a disqualified claimant who fails to file a claim after leaving the first job. Such a claimant also can requalify, but only by earning the requisite amount of wages, leaving his last job for non-disqualifying reasons, and waiting six months after the disqualifying separation.

Grider argues that R.S. 23:1601(1) unconstitutionally differentiates among those disqualified claimants who have earned enough wages to "requalify" for benefits. Only those who have fulfilled the prior-claim requirement are eligible to receive benefits immediately. Disqualified claimants who did not file a futile claim for benefits after leaving their job must wait at least six months from the separation from the first job. Grider admits that no fundamental right or suspect class is involved in this case, but urges it is unfair and frustrates the remedial purpose of the law to make one class of claimants wait six months before they can draw benefits.

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

Related

Holmes v. Forster
781 So. 2d 656 (Louisiana Court of Appeal, 2001)
Total Audio-Visual Systems, Inc. v. Department of Labor
758 A.2d 124 (Court of Appeals of Maryland, 2000)
State v. Hennis
734 So. 2d 16 (Louisiana Court of Appeal, 1999)
City of Baton Rouge v. Williams
661 So. 2d 445 (Supreme Court of Louisiana, 1995)
State v. Brown
648 So. 2d 872 (Supreme Court of Louisiana, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
564 So. 2d 751, 1990 WL 84441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grider-v-admr-dept-of-employment-sec-lactapp-1990.