Seaberry v. W. T. Bridgers Contract Labor & Employment Security Commission

372 S.E.2d 348, 91 N.C. App. 499, 1988 N.C. App. LEXIS 826
CourtCourt of Appeals of North Carolina
DecidedOctober 4, 1988
DocketNo. 878SC1176
StatusPublished
Cited by1 cases

This text of 372 S.E.2d 348 (Seaberry v. W. T. Bridgers Contract Labor & Employment Security Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seaberry v. W. T. Bridgers Contract Labor & Employment Security Commission, 372 S.E.2d 348, 91 N.C. App. 499, 1988 N.C. App. LEXIS 826 (N.C. Ct. App. 1988).

Opinion

GREENE, Judge.

This is an appeal from a judgment of the Superior Court affirming an Employment Security Commission decision denying petitioner, John W. Seaberry, unemployment benefits.

Petitioner was employed as a laborer by W. T. Bridgers Contract Labor (hereinafter “Bridgers” or “employer”) from approximately January 1985 until 9 July 1986. On the latter date, the employer told petitioner he no longer needed petitioner but that he could work the remainder of that week and the next week. Petitioner then on that same day left the employer’s premises and did not return to work. Petitioner filed a claim for unemployment benefits on 13 July 1986. This claim was denied by an Employment Security Commission adjudicator and claimant appealed to an appeals referee. After conducting an evidentiary hearing, the referee also denied petitioner’s claim, and was affirmed by the Employment Security Commission. A Superior Court affirmed the decision of the Employment Security Commission on 16 March 1987. Petitioner appeals from this judgment.

This appeal presents the issue of whether petitioner is disqualified from receiving unemployment benefits because he volun[501]*501tarily quit his employment without good cause attributable to his employer.

At the hearing on petitioner’s claim, the appeals referee made the following pertinent findings of fact, which were adopted by the Employment Security Commission:

3. Claimant was employed as a laborer. The claimant worked for the employer for approximately eighteen months. The claimant’s job duties included cleaning up job sites, hauling trash, digging ditches and carpentry.
4. On July 9, 1986, the employer told the claimant that he no longer needed the claimant. The employer also informed the claimant that claimant could work the remainder of the week and the next week. Work was available for the claimant until on or about July 18, 1986.
6. The employer chose to discharge the claimant effective July 18, 1986 because the employer believed that claimant’s weight limited claimant’s ability to perform construction work. The claimant weighs approximately two hundred eighty five pounds. The claimant was unable to perform construction duties such as working while standing on ladders and working under houses because of his weight.
7. The claimant alleges that he was discharged from employment. The employer alleges that the claimant voluntarily left the job. It is found as a fact that the claimant voluntarily left the job.
8. On several prior occasions, the employer informed the claimant that claimant’s weight restricted his ability to perform certain types of construction work.
9. When claimant left the job, continuing work was available for claimant there.

From these findings of fact the referee concluded “the record evidence and facts found therefrom do not support a conclusion that the claimant has met the burden of showing good cause attributable to the employer for the voluntary leaving.” The referee went on to find that petitioner was disqualified for benefits.

[502]*502Under N.C.G.S. Sec. 96-14(1) (1985), an employee is ineligible for unemployment benefits if he is “unemployed because he left work voluntarily without good cause attributable to the employer.” This statute requires disqualification if (1) claimant left work voluntarily and (2) without good cause attributable to the employer. Eason v. Gould, Inc., 66 N.C. App. 260, 261, 311 S.E. 2d 372, 373 (1984), aff’d per curiam without precedential value, 312 N.C. 618, 324 S.E. 2d 223 (1985). An employee has not left voluntarily “when events beyond the employee’s control or the wishes of the employer cause the termination.” Id. at 262, 311 S.E. 2d at 373. “Good cause” is defined as that which “would be deemed by reasonable men and women valid and not indicative of an unwillingness to work.” In re Watson, 273 N.C. 629, 635, 161 S.E. 2d 1, 7 (1968). Cause “attributable to the employer” is a cause which is “produced, caused, created or as a result of actions by the employer.” In re Vinson, 42 N.C. App. 28, 31, 255 S.E. 2d 644, 646 (1979). The burden is on the employer to demonstrate that a claimant is disqualified under this two-prong test. See Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 377, 289 S.E. 2d 357, 360 (1982); Williams v. Burlington Industries, Inc., 318 N.C. 441, 445, 349 S.E. 2d 842, 845 (1986).

Our Supreme Court has held that when an employee leaves his employment after notification of an impending separation and before the scheduled date of the separation, the claimant’s entitlement to unemployment benefits must be determined in two parts: (1) that period of time before the scheduled separation and (2) that period of time after the scheduled separation. See In re Poteat v. Employment Security Comm., 319 N.C. 201, 206, 353 S.E. 2d 219, 222 (1987). In both instances, the question presented is whether the claimant quit voluntarily and without good cause. However, N.C.G.S. Sec. 96-14(1) as amended effective 1 July 1985 may preclude the necessity of applying this two-part test to determine entitlement to unemployment benefits. That statute provides in pertinent part:

Where an employer notifies an employee that such employee will be separated on some definite future date for lack of available work, the impending separation does not constitute good cause for quitting that employment, provided that if the individual quits because of the impending separation and shows to the satisfaction of the Commission that it was im[503]*503practicable or unduly burdensome for the individual to work until the announced separation date, the period of disqualification imposed under this subsection (1) shall be reduced to the greater of four weeks or the period running from the beginning of the week during which application for benefits was made until the end of the week of the announced separation date.

N.C.G.S. Sec. 96-14(1) (1985) (emphasis added).

If the statute applies, the claimant would be disqualified from unemployment benefits, not only for the period of time prior to the scheduled separation, but also for that period of time after the date of the scheduled separation, unless the claimant proves “it was impracticable or unduly burdensome for the individual to work until the announced separation date.” If the claimant proves this to “the satisfaction of the Commission,” the claimant is entitled to full benefits, with only a limited period of disqualification as provided in the closing provisions of N.C.G.S. Sec. 96-14(1).

This portion of the statute applies if the employer proves that the claimant, after notification by the employer of impending separation “on some definite future date,” voluntarily left his employment before the date of his scheduled separation and the cause of the separation is “for lack of available work.”

Here, there is no evidence that the impending separation was for “lack of available work” and therefore the employer has failed in his burden.

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Bluebook (online)
372 S.E.2d 348, 91 N.C. App. 499, 1988 N.C. App. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaberry-v-w-t-bridgers-contract-labor-employment-security-commission-ncctapp-1988.