Jorgensen v. Director of the Division of Employment Security

477 N.E.2d 1005, 394 Mass. 800, 1985 Mass. LEXIS 1560
CourtMassachusetts Supreme Judicial Court
DecidedMay 13, 1985
StatusPublished
Cited by1 cases

This text of 477 N.E.2d 1005 (Jorgensen v. Director of the Division of Employment Security) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jorgensen v. Director of the Division of Employment Security, 477 N.E.2d 1005, 394 Mass. 800, 1985 Mass. LEXIS 1560 (Mass. 1985).

Opinion

Liacos, J.

On November 24, 1982, Janice Jorgensen was discharged from her position as a project coordinator with the Massachusetts Migrant Education Program (MMEP). Jorgensen filed an application for unemployment benefits with the Division of Employment Security (division). Her application was denied pursuant to G. L. c. 151A, § 25 (e) (2).2 She [801]*801appealed from this denial. A hearing was held before a review examiner on April 7, 1983, and May 20, 1983. The review examiner concluded that she had been properly disqualified from receiving unemployment compensation benefits under G. L. c. 151A, § 25 (e) (2). Jorgensen appealed to the board of review (board), which denied her application for review, thereby making the decision of the director the final decision of the board. See. G. L. c. 151A, § 41 (c). Jorgensen then sought judicial review in the Northampton District Court in accordance with G. L. c. 151A, § 42. The District Court judge set aside the decision of the director, holding, without specific findings, that the director’s decision was not supported by substantial evidence. The MMEP appeals the judgment of the District Court judge to this court.3 See G. L. c. 151 A, § 42.

MMEP argues that the District Court judge erred in holding that the review examiner’s decision was not supported by substantial evidence. See G. L. c. 151 A, § 42; G. L. c. 30A, § 14 (7); G. L. c. 30A, § 1 (6), as amended through St. 1979, c. 795, § 3 (“ ‘Substantial evidence’ means such evidence as a reasonable mind might accept as adequate to support a conclusion”). See also Rioni v. Director of the Div. of Employment Sec., 392 Mass. 436, 438 (1984), and New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 465-467 (1981). We hold that the review examiner’s findings and conclusion are supported by substantial evidence, and we reverse the judgment of the District Court judge.

We summarize the findings of the review examiner. Janice Jorgensen worked for several years as project coordinator for the western regional office of MMEP, a federally-funded educational program for the children of migrant workers. In meetings on September 2 and 3, 1982, Jorgensen and her assistant, Mollie Babize, among others, were informed by their superiors of a “major policy initiative” for fiscal year 1983, to be effective October 1, 1982 (the start of the 1983 fiscal year). Under that initiative, no one was to commit program funds without the written consent of the State director or the State program [802]*802coordinator. Funds committed without prior approval would have to be reimbursed.4 On September 9 and 10, 1982, other staff meetings were held at which a $2,000,000 reduction in the budget for fiscal year 1983 was announced.5 This reduction represented a large share of the over-all budget and necessitated a substantial reduction in services for migrant children. Furthermore, inasmuch as fiscal year 1983 was to start three weeks later on October 1, 1982, the announcement of the budget cut threw the program into a “state of turmoil.”

Jorgensen and Babize devised a plan to offset the immediate effects of the budget reduction. Jorgensen authorized Babize to instruct eight employees of the western region to indicate on their September 22, 1982, payroll sheets seventy hours of work not actually performed. Jorgensen further instructed Babize to approve these falsified payroll sheets, thus enabling the teachers to be paid for work not yet performed. The plan was for the teachers to perform the prepaid seventy hours of work after the end of the 1982 fiscal year, i.e., after their contracts would have terminated. The plan called for them to keep records of their work. As of the time of Jorgensen’s discharge, most of these employees were off the payroll, and none of them had performed the full seventy hours of work. Jorgensen had no authorization for her plan. In addition, she approved the payment of promotional wages without authorization. Jorgensen left for a prepaid vacation shortly after this scheme was devised, and Babize carried out the plan in Jorgensen’s absence.

Jorgensen was discharged on November 24, 1982, “for falsification of payroll records by requesting and approving preimbursement |>zc] of work to be performed by subordinates [803]*803at a later date.” Shortly after Jorgensen’s superiors became aware of the falsification of the payroll sheets, they reported the wrongdoing to the Inspector General6 in accordance with a directive from the United States Office of Management and Budget. The Inspector General’s office conducted an audit of the MMEP, which was still pending at the time of the hearing.

The review examiner found that Jorgensen’s discharge “was due solely to deliberate misconduct in wilful disregard of employing unit interests within the meaning of Section 25 (e) (2).” The review examiner stated that, while Jorgensen contended that “her only motivation was to circumvent budgetary restrictions and keep the program going,” she, as “a member of senior management. . . was aware of employer procedures, [and] . . . had only shortly been told that no one had the right to commit program funds for wages[,] equipment[,] or [proposals] without the express [] permission of upper management.” He found that as “a member of senior management .. . she was aware of the employing unit’s method of operations and its goals.” He also found that “on her own the claimant deliberately violated these instructions for her own convenience,” and stated that “[s]he could give no reason for her failure to submit a proposal to have the services placed on the master budget other than [that] she was about to go on a prepaid vacation and did not have the time.”

We are of the opinion that the review examiner’s findings and conclusion are supported by substantial evidence in the record. The record indicates that Jorgensen held the position of project coordinator for six and one-half years and that, as such, she was a member of “senior management.” It was her responsibility to verify the accuracy of the payroll register. In her testimony, Jorgensen admitted that she had authorized Babize to approve the payment of wages for work not yet performed, and she did not dispute that this involved a falsification of payroll records. The State director of MMEP, in the discharge letter which he sent to Jorgensen, stated that the [804]*804reason for her discharge was the “act of authorizing and approving the falsification of payroll documentation so as to permit the claiming of credit and receipt of wages for work not done.” The MMEP program coordinator testified that Jorgensen was terminated because she “had broken a basic Fiscal rule that is a well-known principle that. . . public documents . . . dealing with public funds have to be accurate and correct.”

“The apparent purpose of § 25 (e) (2). . . is to deny benefits to a claimant who has brought about [her] own unemployment through intentional disregard of standards of behavior which [her] employer has a right to expect.” Garfield v. Director of the Div. of Employment Sec., 377 Mass. 94, 97 (1979). For a claimant to be denied benefits under G. L. c. 151 A, § 25 (e) (2), he or she must have perpetrated an act of “deliberate misconduct,” and this act must have been in “wilful disregard” of the employing unit’s interest. DiNatale v. Director of the Div. of Employment Sec., 393 Mass. 655, 657 (1985).

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484 N.E.2d 1336 (Massachusetts Supreme Judicial Court, 1985)

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Bluebook (online)
477 N.E.2d 1005, 394 Mass. 800, 1985 Mass. LEXIS 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jorgensen-v-director-of-the-division-of-employment-security-mass-1985.