10. Voluntary Leaving

Voorhees v. Allegiance Health – 10.120

Voorhees v. Allegiance Health
Digest no. 10.120

Section 29(1)(a)

Cite as: Voorhees v Allegiance Health, Unpublished Opinion of the Jackson County Circuit Court, Issued March 29, 2013 (Docket No. 12-3123-AE).

Appeal pending: No
Claimant: Jennifer M. Voorhees
Employer: Allegiance Health
Docket no.: 12-3123-AE
Date of decision: March 29, 2013

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HOLDING: Claimant left her employment with good cause attributable to her employer and is not disqualified from benefits.

FACTS: Claimant had been working for Employer without any warnings for three years when there was an emergency drill that required employees to stay in the building, even though she was supposed to be at home and had childcare duties to tend to. When her husband called her supervisor, the supervisor told the entire office about the call, and told Claimant that her husband was abusive and that he drinks. After reporting this incident, Claimant received a number of bad reviews and discipline. Claimant’s doctor required that Claimant not go to work for three days due to the stress of this situation, and upon her return, Claimant was subjected to further bad reviews and discipline. The next day, Claimant quit her job.

Claimant applied for benefits, but UIA issued a redetermination finding that she was disqualified. On appeal, the ALJ found that she acted as “[a] reasonable, average, and otherwise qualified person in giving up her employment” and that there she had established through evidence that she was harassed following the emergency drill situation. Employer appealed, and the MCAC reversed the ALJ decision. Claimant timely appealed to the Circuit Court.

DECISION: The decision of the MCAC is reversed and the Claimant’s unemployment benefits are to restored as she left her employment with good cause attributable to her employer.

RATIONALE: Since Claimant had been employed for three years without receiving any written warnings, and she was written up for six separate issues on two occasions following her complaint regarding her supervisor, Claimant established that she was harassed. Because of this, a reasonable, average, and otherwise qualified worker would leave their employment.

Digest author: Nick Phillips
Digest updated: 8/14