Unemployment Compensation—Quitting Work for Good Cause—Question of Law or Fact

Authors

Thomas E. Smail. Jr.

Abstract

A was working on an "inside job" for $1.63 per hour plus $.10 for working the second shift when he was told that he was to be transferred to an "outside job" at $1.43 per hour without an opportunity for the shift differential. A refused to accept the transfer and quit work. When making application for unemployment benefits, A signed a statement which read in part, "I quit mainly because I was transferred to an outside job. I had been ill last winter and did not want to work outside again.... However I would have stayed on the job had not my pay been cut." The Appeal Tribunal found that A voluntarily left work without good cause and was therefore disqualified for benefits by RCW 50.20.050 [RRS § 9998-211]. After an adverse finding by the Appeal Tribunal, the Commissioner of Unemployment Security adopted the fact findings of the Appeal Tribunal, and without making any findings of his own, held that A did have good.cause for terminating his employment and that he was entitled to benefits. The superior court took jurisdiction under RCW 50.32.120 (RRS §9998-266) which provides than on "... such appeal only such issues of law may be raised as were properly included in the hearing before the appeal tribunal." (Italics added). Trial court reversed the Commissioner. Appeal. Held: Affirmed. In re Anderson, 39 Wn.2d 356, 235 P. 2d 303 (1951).

First Page

68

Recommended Citation

Thomas E. Smail. Jr., Recent Cases, Unemployment Compensation—Quitting Work for Good Cause—Question of Law or Fact, 28 Wash. L. Rev. & St. B.J. 68 (1953).
Available at: https://digitalcommons.law.uw.edu/wlr/vol28/iss1/17