Sheila Callahan & Friends, Inc. v. State, Department of Labor & Industry

2012 MT 133, 280 P.3d 895, 365 Mont. 283, 2012 WL 2396351, 2012 Mont. LEXIS 180
CourtMontana Supreme Court
DecidedJune 26, 2012
DocketDA 11-0728
StatusPublished
Cited by2 cases

This text of 2012 MT 133 (Sheila Callahan & Friends, Inc. v. State, Department of Labor & Industry) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheila Callahan & Friends, Inc. v. State, Department of Labor & Industry, 2012 MT 133, 280 P.3d 895, 365 Mont. 283, 2012 WL 2396351, 2012 Mont. LEXIS 180 (Mo. 2012).

Opinions

JUSTICE RICE

delivered the Opinion of the Court.

¶ 1 The State of Montana, Department of Labor and Industry, appeals from the order of the Fourth Judicial District Court, Missoula County, granting the Petition for Review filed by Sheila Callahan & Friends, Inc. (SC&F) and reversing the decision of the Board of Labor Appeals. ¶2 We affirm the District Court’s ruling and address the following

issue:

¶3 Did the District Court err by determining that SC&F is not chargeable for a pro rata share of the unemployment insurance benefits paid to a former employee because the employee voluntarily terminated her employment?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 SC&F is a radio broadcasting company based in Missoula, Montana. Joni Mielke (Mielke) was employed by SC&F as a radio personality. Mielke and SC&F entered a one-year contract covering the time period from June 1, 2008 to May 31, 2009. Mielke performed programming, live “remotes” at station events, production, and voice tracking duties for SC&F. During the term of employment, SC&F evaluated Mielke as being an excellent radio personality and announcer but as underperforming other responsibilities because she either did not want to do them or preferred announcing-related duties. During the one-year contract period, SC&F’s president Sheila Callahan and CFO Max Murphy discussed with Mielke the possibility of reconfiguring the contract for 2009-2010.

¶5 SC&F offered Mielke a one year contract for the 2009-2010 term with a different payment schedule and slightly different job duties. On May 28, 2009, shortly before the expiration of the 2008-2009 contract, Mielke sent the following e-mail to Murphy:

Even before you handed me the new contract to consider, I had concerns about making a commitment for the next year. After discussing it with my family we decided it would be best if I focus on helping my mother through her current health crisis instead of accepting your offer.
I am grateful for the opportunity you and Sheila have given me here. I honestly mean that ... thank you. So, I’m scheduled to [285]*285work Saturday until 6 and I know there is a remote that day ... will my final check be June 3rd?

¶6 Mielke completed an exit interview prior to her departure and completed a form used by SC&F for departing employees. On the form, Mielke indicated her reason for leaving was that she had “quit” and that her letter explaining why was “on file.” Mielke initialed the exit interview form next to each entry, including the entry indicating her reason for leaving was that she had quit, and she also signed the form.

¶7 After Mielke left her employment with SC&F, she was hired by another radio station. After a brief employment with this subsequent employer, she was laid off and filed for unemployment benefits in October 2009.

¶8 The Department of Labor and Industry (Department) sent a Notice of Chargeability Determination to SC&F assessing a pro rata share of the costs of Mielke’s unemployment insurance benefits to SC&F’s experience rating account. The Department administratively determined that Mielke was employed for SC&F on a contract basis during her base period of employment and that SC&F’s account was chargeable for a portion of benefits drawn by Mielke. SC&F requested a redetermination, arguing that Mielke had voluntarily left her employment. The Department issued a Redetermination on May 18, 2010, affirming the initial Determination. An administrative hearing was then conducted by telephone on January 7, 2011. The hearing officer determined that Mielke neither voluntarily quit nor was discharged for misconduct and affirmed the decision to charge SC&F’s account.

¶9 SC&F appealed to the Board of Labor Appeals (Board). The Board conducted a hearing and held that, under applicable statutes and rules, Mielke did not voluntarily terminate her employment but had “worked out the terms of her employment contract,” which was of limited duration, and that SC&F’s rating account was chargeable.

¶10 SC&F petitioned the District Court for judicial review. The District Court reversed the decision of the Board, holding that Mielke clearly stated she voluntarily left employment with SC&F due to a family illness, not because her contract was expiring, although continued employment was offered.

¶11 The Department appeals.

STANDARD OF REVIEW

¶12 Findings of the Board of Labor Appeals as to the facts are conclusive, and the jurisdiction of the court will be confined to [286]*286questions of law if the findings are supported by evidence and in the absence of fraud. Section 39-51-2410(5), MCA; Johnson v. W. Transp., LLC, 2011 MT 13, ¶ 16, 359 Mont. 145, 247 P.3d 1094 (citations omitted). “Supported by evidence” means supported by substantial evidence, which is “something more than a scintilla of evidence, but may be less than a preponderance of the evidence.” Am. Agrijusters Co. v. Mont. Dept. of Lab. and Indus., 1999 MT 241, ¶ 15, 296 Mont. 176, 988 P.2d 782. We review questions of law for correctness. Am. Agrijusters Co., ¶ 17.

DISCUSSION

¶13 Did the District Court err by determining that SC&F is not chargeable for a pro rata share of the unemployment insurance benefits paid to a former employee because the employee voluntarily terminated her employment?

¶14 Montana law directs that unemployment compensation benefits paid to an unemployed worker “must be charged to the account of each of the claimant’s base period employers” on a pro rata basis. Section 39-51-1214(1), MCA. A “base period” is defined as “the first 4 of the last 5 completed calendar quarters immediately preceding the first day of the individual’s benefit year.” Section 39-51-20l(2)(a), MCA. Generally, a “benefit year” is the 52-week period “beginning with the first day of the calendar week in which an individual files a valid claim for benefits.” Section 39-51-201(3), MCA.

¶15 SC&F does not dispute that it is a base period employer, but argues it qualifies for a statutory exemption from a charge to its account for Mielke’s benefits under § 39-51-1214(2)(a), MCA. That section provides that a charge may not be made to the account of a covered employer with respect to benefits paid under the following situations: “(a) if paid to a worker who terminated services voluntarily without good cause attributable to a covered employer or who had been discharged for misconduct in connection with services.” Section 39-51-1214(2)(a), MCA (emphasis added). SC&F argues that the District Court was correct in determining that the uncontroverted evidence established that Mielke voluntarily left employment.

¶16 The Department argues that Mielke did not voluntarily leave her employment with SC&F, but rather, the 2008-2009 contract expired by its terms, and Mielke was not obligated to negotiate or entertain a further contract with SC&F. The Department argues that the Board properly deemed Mielke’s termination of employment a “layoff’ by operation of Admin. R. M. 24.11.454A(6)(a), which applies to [287]*287employment of “limited duration.” The parties agree that Mielke’s employment was pursuant to a limited-duration contract. The Rule provides:

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Cite This Page — Counsel Stack

Bluebook (online)
2012 MT 133, 280 P.3d 895, 365 Mont. 283, 2012 WL 2396351, 2012 Mont. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheila-callahan-friends-inc-v-state-department-of-labor-industry-mont-2012.