News & Information

CCH® UNEMPLOYMENT INSURANCE — 8/29/14

Claimant who quit job instead of increasing her work hours left voluntarily

A claimant was not entitled to benefits where she left her job as a dental hygienist because she believed that her injured neck and back prevented her from working the increased hours her employer required. On review, the court found that the claimant was not discharged but instead left work voluntarily and, therefore, was required to prove that she had good cause for leaving in order to receive unemployment benefits. The court concluded that she did not have good cause to leave work because she failed to prove that her disability was her primary reason for leaving, or that her employer caused a 25 percent reduction in her hours. The court disagreed with the claimant’s argument that she did not leave work voluntarily because the employer gave her no choice—she had to work three days per week and endanger her health or leave. The unchallenged findings of fact stated that the claimant "was unwilling to consider working for the [employer] more than two days per week" and that she "decided to stop working for the employer." The court also observed that while an individual has good cause to quit if the individual's hours are reduced by 25 percent or more; to constitute good cause for quitting work, some employer action must have caused the reduction. Here the employer asked the claimant to work three days per week instead of her usual two. Moreover, the court held that the pertinent statute concerning part-time employment did not apply to currently employed workers. Therefore, that statute also did not allow the claimant to qualify for benefits. Accordingly, the court affirmed the order denying the claimant benefits (Darkenwald v. ESD, Wash. Ct. of App., Division Two, No. 44376-7-II, June 24, 2014).