Rocky Hill School, Inc. v. State Department of Employment & Training, Board of Review

668 A.2d 1241, 1995 R.I. LEXIS 283, 1995 WL 761496
CourtSupreme Court of Rhode Island
DecidedDecember 7, 1995
DocketNo. 94-100-M.P.
StatusPublished
Cited by3 cases

This text of 668 A.2d 1241 (Rocky Hill School, Inc. v. State Department of Employment & Training, Board of Review) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rocky Hill School, Inc. v. State Department of Employment & Training, Board of Review, 668 A.2d 1241, 1995 R.I. LEXIS 283, 1995 WL 761496 (R.I. 1995).

Opinions

OPINION

WEISBERGER, Chief Justice.

This case comes before us on a petition for certiorari filed by Rocky Hill School, Inc. (petitioner), which seeks review of a judgment of the Rhode Island District Court, Sixth Division, affirming the decision of the Board of Review of the State of Rhode Island Department of Employment and Training that had determined that Kenneth N. Geiers-bach (claimant), a former employee of the petitioner, had voluntarily left his position with good cause and was entitled to employment security benefits. We deny the petition for certiorari and affirm the judgment of the District Court. The facts of the ease insofar as are pertinent to this petition are as follows.

On June 1, 1992, claimant, a teacher employed by petitioner for thirteen years, voluntarily terminated his employment with petitioner in order to be with his spouse, who had also been employed at Rocky Hill School but had secured another position at a school in Colorado. Her contract in Colorado commenced in July 1992. Subsequently, claimant filed for employment security benefits pursuant to G.L.1956 (1986 Reenactment) chapter 44 of title 28. The applicable provision of § 28-44-17 reads as follows:

“On and after July 2, 1978, an individual who leaves work voluntarily without good cause shall be ineligible for waiting period credit or benefits until he establishes to [1242]*1242the satisfaction of the director that he has subsequent to that leaving had at least four weeks of work, and in each of those four weeks has had earnings of at least twenty (20) times the minimum hourly wage as defined in chapter 42 of this title.” 1

On November 9, 1992, the director of the Department of Employment and Training (DET) issued a notice of decision granting claimant employment security benefits. The director decided that claimant, who was requesting benefits effective as of October 4, 1992, had left his job with petitioner on June 1, 1992, to relocate to Colorado with his spouse and that this leaving was “considered to be with good cause under the law” and therefore “benefits are allowed if the claimant is otherwise eligible.”

The petitioner filed an employer appeal, and a hearing was held before a réferee of DET’s Board of Review (board) on January 6, 1993. The referee held that claimant was entitled to receive employment security benefits because he voluntarily terminated his position with petitioner with good cause pursuant to § 28-44-17. Thereafter, the referee’s decision was appealed by petitioner, and the matter was heard before the board on January 28, 1993. The board, after having determined that the decision of the referee was a proper adjudication of the facts of the case and the applicable law, upheld the referee’s decision.

On February 20, 1993, petitioner filed a complaint for judicial review in Sixth Division District Court. The case was submitted to a District Court master, and on July 23, 1993, he recommended that the decision of the board affirming the referee’s award be reversed. The trial justice disagreed and in a decision dated February 3, 1994, found that the decision of the board was not affected by error of law and thereby entered judgment on behalf of claimant. On February 22,1994, petitioner filed a petition for a writ of certio-rari, which was granted by this court on May 5,1994.

The sole issue before this court is the question of whether an employee who voluntarily terminates his employment to accompany his spouse to another state for relocation purposes has terminated for good cause under § 28-44-17, thereby entitling him to employment security benefits.

The petitioner argues that the District Court erred in affirming the board’s decision that claimant voluntarily terminated his employment with good cause. The petitioner contends that no evidence has been presented that demonstrates that the advent of claimant’s unemployment was attributable to a substantial degree of compulsion. The petitioner also asserts that the instant case does not adhere to the public policies articulated in G.L.1956 (1986 Reenactment) § 28-42-2. It alleges that claimant’s termination of his employment was not beyond his control because he was fully satisfied with his employment at the school. The school further contends that claimant's departure was not attributable in any way to any fault or negative condition that the school itself caused or permitted.

The board contends that the District Court ruled correctly in affirming its decision that claimant was eligible for unemployment compensation benefits pursuant to § 28-44-17. The board argues that there is a subtle but significant difference between the situation in which an employee voluntarily terminates his/her employment to marry and relocate and the situation in which an employee voluntarily terminates a position to follow a spouse to another state or locality. It asserts that the latter situation is termination with good cause because of the importance of unity to an already existing family.

The law applicable to the issue before this court is found within § 28-44-17 of the Employment Security Act. This court has liberally construed the good-cause provision in the past in accordance with the statutory command of § 28-42-73. This statute reads as follows: “Chapters 42-44, inclusive, of this title shall be construed liberally in aid of their declared purpose which declared pur[1243]*1243pose is to lighten the burden which now falls on the unemployed worker and his family.”

“The question of what circumstances may constitute good cause for leaving employment is a mixed question of law and fact.” D’Ambra v. Board of Review, Department of Employment Security, 517 A.2d 1039, 1040 (R.I.1986). However, we have also stated that when the facts found by the board of review lead only to one reasonable conclusion, the determination of “good cause” will be made as a matter of law. Id. In the case at bar, we are of the opinion that the facts as found could have led to more than one reasonable conclusion. We cannot say that the board committed an error of law or was clearly wrong in resolving the mixed question of law and fact in concluding as it did that claimant had left his employment voluntarily with good cause. Therefore, the trial justice was correct under the standards set forth within G.L.1956 (1993 Reenactment) § 42-35-15(g)(4), in upholding the decision of the board. See Powell v. Department of Employment Security, Board of Review, 477 A.2d 93, 95 (R.I.1984) (review must conform to the standards of § 42-35-15).

Section 28-44-17 states, in part, that an individual who leaves work voluntarily without good cause shall be ineligible for waiting-period credit or employment security benefits. Therefore, one may assume that an individual who leaves work voluntarily with good cause is eligible for waiting-period credit or unemployment compensation benefits. Since our decision in Harraka v. Board of Review of Department of Employment Security, 98 R.I. 197, 200 A.2d 595 (1964), we have consistently held that a liberal reading of good cause would be adopted by this court. We noted in Harraka

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668 A.2d 1241, 1995 R.I. LEXIS 283, 1995 WL 761496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocky-hill-school-inc-v-state-department-of-employment-training-board-ri-1995.