O'NEAL v. Blanche

482 So. 2d 700
CourtLouisiana Court of Appeal
DecidedDecember 26, 1985
Docket84 CA 1076
StatusPublished
Cited by4 cases

This text of 482 So. 2d 700 (O'NEAL v. Blanche) 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
O'NEAL v. Blanche, 482 So. 2d 700 (La. Ct. App. 1985).

Opinion

482 So.2d 700 (1985)

Claudette O'NEAL
v.
C.J. BLANCHE, Administrator, Office of Employment Security, Prince Murat Motor Inn.

No. 84 CA 1076.

Court of Appeal of Louisiana, First Circuit.

December 26, 1985.

*701 Thomas J. Bergman, Baton Rouge, for plaintiff-appellant Claudette O'Neal.

James A. McGraw, Baton Rouge, for defendant-appellee Office of Employment Sec.

Prince Murat Motor Inn, in pro. per.

Before CARTER, SAVOIE and ALFORD, JJ.

CARTER, Judge.

Plaintiff appeals from a trial court judgment affirming her disqualification for unemployment insurance benefits upon a finding by the appeals tribunal that she voluntarily left her job without good cause. LSA-R.S. 23:1601(1).

FACTS

Plaintiff, Claudette O'Neal, was employed as the executive housekeeper with the Prince Murat Motor Inn in Baton Rouge from October 6, 1982, through May 25, 1983. On May 25, 1983, Mrs. O'Neal gave her employer one week's notice of her intention to leave her job. She was told at that time to finish the day, turn in her keys, and that it was not necessary for her to return to work. Mrs. O'Neal was also promised her regular salary for the week following her notice.

On Thursday, May 19, 1983, Mrs. O'Neal was ordered by Jim Sweeney, Vice President of Southmark Hospitality Management, Inc., (the parent company of Prince Murat Inn), to prepare 300 perfect rooms in the hotel by Monday, May 23, 1983. If necessary, Mrs. O'Neal was to work through the weekend. This was a demand which Mrs. O'Neal felt was excessive and unreasonable. She was told, however, that if the task was not completed, that all inspectors (employees working directly under Mrs. O'Neal) responsible would be fired. The task was not completed, but no one was fired as a result of this.

For a period of two weeks prior to Mrs. O'Neal's resignation, the former executive housekeeper of the Prince Murat Inn, Mrs. Bobby Screws, was at the hotel talking with the management and employees. Mrs. O'Neal claims to have heard rumors that plans were under way to replace her with Mrs. Screws. In fact, Mrs. Screws was hired to replace Mrs. O'Neal the day after Mrs. O'Neal's resignation. Mrs. O'Neal claims that all of the events created an atmosphere of intimidation and pressure, specifically orchestrated by her employer to coerce her into quitting her job. Under that theory, she claims she left her employment with good cause, such that she is entitled to unemployment benefits under LSA-R.S. 23:1601(1). The original claim for benefits was denied. The denial of her claim for benefits was upheld by the Board of Review and the 19th Judicial District Court.

SPECIFICATIONS OF ERROR[1]

Plaintiff alleges seven specifications of error:

1. The Board of Review erred in limiting the issue to whether the claimant left employment because of unreasonable demands by management in relation to the job;
2. There is no evidence to support a finding of fact that appellant left her employment solely due to what she felt was an unreasonable demand;
3. The appeals referee erred in limiting cross examination of the representative *702 of the Prince Murat to matters to which she had testified;
4. The appeals referee acted improperly by refusing to permit appellant to read a prepared statement and by pretermitting the testimony of appellant's witness, Jack Conway;
5. The appeals referee's finding of fact that no inspectors were fired is contrary to the testimony;
6. The Board of Review and the district court erred in failing to consider the effect of the error which lead appellant to mistakenly agree at the hearing before the appeals referee that she had been paid for her one week notice; and,
7. The appeals referee, Board of Review, and district court erred in concluding that the Prince Murat proved that Mrs. O'Neal left her employment without good cause.

SPECIFICATION OF ERROR NO. 1

Plaintiff claims that the Board of Review erred in limiting the issue before it to whether "the claimaint left employment because of unreasonable demands by management in relation to the job." In brief, plaintiff reasons that the issue should have been whether "the Prince Murat sustained its burden of showing that Claudette O'Neal was not coerced, induced or willfully harassed into resigning on May 25, 1983."

The burden is on the employer to prove his contention that the claimant is disqualified from receiving benefits. January v. Administrator, Division of Employ. Sec., 155 So.2d 250 (La.App.3rd Cir.1963); Lee v. Brown, 148 So.2d 321 (La.App.3rd Cir. 1962). A document entitled "Separation Notice Alleging Disqualification" was filed into evidence at the hearing before the appeals tribunal. The document is a pre-printed form, which was signed by Mrs. O'Neal. Under the heading entitled "Reason for Leaving," there is a mark placed by the words "Voluntary Leaving." Below that, there is the following handwritten sentence: "5/25/83 I Claudette O'Neal executive Housekeeping turn in my week notice, and resignation."

The employee of the Prince Murat who received this document testified at the hearing. There was no dispute as to its authenticity. At this point in the hearing, the employer had made a prima facie case that Mrs. O'Neal's resignation was voluntary and, therefore, without good cause, disqualifying her from unemployment benefits. The burden then shifted to Mrs. O'Neal to show that her resignation was not "voluntary." Although Mrs. O'Neal attempted to establish that her resignation was not voluntary, she was unsuccessful, and plaintiff never rebutted her employer's prima facie case. Therefore, plaintiff's Assignment of Error No. 1 is without merit.

SPECIFICATION OF ERROR NO. 3

Plaintiff complains that she was limited by the appeals referee in her cross-examination of Mrs. Robbie Fulton, the representative of her employer, to matters to which the representative had testified on direct. At the hearing, Mrs. O'Neal was represented by Mr. Dave Lisenski, who is not an attorney.

When the referee finished questioning the witness, the following colloquy took place between her and Lisenski:

REFEREE: Do you want to cross examine?
LISENSKI: Yes.
REFEREE: Go ahead. Only on matters that she testified.
LISENSKI: Okay.
REFEREE: Which is —
LISENSKI: Relevant to what's already been said.
REFEREE: Go ahead. Just ask the question. I'll rule on it whether it's favorable or not.

As the cross-examination went on, the referee only stopped Lisenski from going into one area which the referee felt was irrelevant. Lisenski asked the witness whether the employer had originally intended to object to unemployment compensation *703 being paid to plaintiff. The referee correctly pointed out that the employer's opinion about plaintiff's eligibility for unemployment compensation was not a factor in the agency's determination, therefore, it was irrelevant. Plaintiff makes no argument in brief as to the relevancy of this line of questioning. We see none and agree with the referee's observation and ruling. He was within his discretion to disallow the question.

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Bluebook (online)
482 So. 2d 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-blanche-lactapp-1985.