Spain v. Employment SEC. Dept.

185 P.3d 1188, 164 Wash. 2d 252
CourtWashington Supreme Court
DecidedJune 19, 2008
Docket79878-8, 80309-9
StatusPublished
Cited by11 cases

This text of 185 P.3d 1188 (Spain v. Employment SEC. Dept.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spain v. Employment SEC. Dept., 185 P.3d 1188, 164 Wash. 2d 252 (Wash. 2008).

Opinion

185 P.3d 1188 (2008)

Sara D. SPAIN, Petitioner,
v.
The EMPLOYMENT SECURITY DEPARTMENT, Respondent.
Kusum L. Batey, Respondent, and
The Employment Security Department, Petitioner, and
Snohomish County Center for Battered Women, Additional Party.

Nos. 79878-8, 80309-9.

Supreme Court of Washington, En Banc.

Argued February 26, 2008.
Decided June 19, 2008.

*1189 Marcus Robert Lampson, Unemployment Law Project, Seattle, WA, for Petitioner Sara D. Spain.

Deborah Maranville, U. of Washington, School of Law, Seattle, WA, for Respondent Kusum L. Batey.

Jay Douglas Geck, Jerald R. Anderson, Olympia, Erika G.S. Uhl, Seattle, Atty. General's Office, for Dept. of Employment Security.

Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, for Amicus Curiae on behalf of Association of Washington Bus.

Hong Thi Tran, Marcus Robert Lampson, John Tirpak, Unemployment Law Project, Seattle, WA, Laurie A. Powers, Unemployment Law Project, Spokane, WA, for Amicus Curiae on behalf of Unemployment Law Project.

Michael Christopher Hoover, Martin Lovinger, Office of Senate Counsel, Timothy George Sekerak, House of Representatives, Olympia, WA, Michele G. Radosevich, Davis Wright Tremaine LLP, Seattle, WA, for Amicus Curiae on behalf of Washington State Legislature.

CHAMBERS, J.

¶ 1 Washington enacted an unemployment compensation act during an earlier time of great economic insecurity and unemployment to "lighten its burden which now so often falls with crushing force upon the unemployed worker." LAWS OF 1937, ch. 162, § 2. Since the beginning, the system focused on easing that burden on those of us who are in voluntarily out of work. See generally id. ch. 162. But our legislature did not disqualify all workers who voluntarily left their jobs, only workers who left "voluntarily without good cause." Id. § 5. Section 5 has since expanded and transformed in many ways, but the phrase "voluntarily without good cause" has remained its pivot point.

¶ 2 Our legislature has never defined "good cause." It has, however, recently amended the statutory language around it such that "(a) [a]n individual shall be disqualified from benefits [if] he or she has left work voluntarily without good cause [but] (b) . . . is not disqualified from benefits under (a) of this subsection when" he or she has voluntarily left work for a specific reason set forth in the statute. Former RCW 50.20.050(2)(2006).[1] We must decide whether the statutory list of reasons that do not disqualify an individual from benefits is also an exhaustive list of good cause reasons to voluntarily leave a job without losing benefit eligibility. We conclude it is not. Accordingly, we remand both cases to the Washington Department of Employment Security (Employment Security or Department) to determine whether either Sara Spain or Kusum Batey had good cause to leave their jobs based on the merits of their individual claims.

BACKGROUND

¶ 3 Both Spain and Batey tell us they left their jobs because they found their employers unbearable. Spain suffered daily verbal abuse. Batey left her job with a battered women's shelter after sharply disagreeing with management on how their clients should be treated, among other things. Both unsuccessfully sought unemployment benefits. Importantly, no trier of fact has found that Spain and Batey did not leave their jobs because their employers were abusive, which historically has been a nondisqualifying reason for voluntarily leaving employment without losing eligibility for benefits. See, e.g., In re Pischel, Docket No. 1-00862, Wash. Dep't of Employment Sec. Comm'r Dec.2d 672 (May 22, 1981) (verbal abuse).[2]

¶ 4 The Department concluded in both cases that it no longer had the statutory authority to grant unemployment benefits when an employee voluntarily leaves a job for any reason other than those listed as not *1190 disqualifying in former RCW 50.20.050(2). Since, the Department concluded, neither Spain nor Batey had left for those reasons, they were both denied benefits. Both appealed. Spain argued that Employment Security had misunderstood the legislation: that employees were still eligible for unemployment benefits if compelling personal reasons created good cause to leave their jobs. Batey argued that the legislature's attempt to amend the law was ineffective because the bill titles did not adequately state the subject of the law. Batey won at the Court of Appeals. Batey v. Employment Sec. Dep't, 137 Wash.App. 506, 154 P.3d 266 (2007). Spain won at the superior court level and lost at the Court of Appeals. Spain v. Employment Sec. Dep't. noted at 137 Wash App. 1005, 2007 WL 404712, 2007 Wash App. LEXIS 200. We granted review for both petitions. 162 Wash.2d 1010, 178 P.3d 936 (2008).

ANALYSIS

¶ 5 Only questions of law are presented. Our review is de novo. Dreiling v. Jain, 151 Wash.2d 900, 908, 93 P.3d 861 (2004) (citing Rivett v. City of Tacoma, 123 Wash.2d 573, 578, 870 P.2d 299 (1994)). Due deference is given to the agency's interpretation of the statutes it implements. See State ex rel. Evergreen Freedom Found. v. Wash. Educ. Ass'n, 140 Wash.2d 615, 635-36, 999 P.2d 602 (2000). The statute before us says in relevant representative part:

(2) With respect to claims that have an effective date on or after January 4, 2004:
(a) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause. . . .
. . . .
(b) An individual is not disqualified from benefits under (a) of this subsection when:
(i) He or she has left work to accept a bona fide offer of bona fide work as described in (a) of this subsection;
(ii) The separation was necessary because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant's immediate family. . . .

Former RCW 50.20.050. The statute lists other reasons for voluntarily leaving a job that are "not disqualif[ying]." Id. § (2)(b).[3]

¶ 6 The employee claimants argue that by the statute's plain terms, there are still two categories of good cause: a broad undefined category established by former RCW 50.20.050(2)(a) and a narrow category defined by the specific reasons listed in former RCW 50.20.050(2)(b)(i)-(x).

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Bluebook (online)
185 P.3d 1188, 164 Wash. 2d 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spain-v-employment-sec-dept-wash-2008.