RENDERED: AUGUST 30, 2002; 10:00 a.m.

NOT TO BE PUBLISHED

C o m m o n w e a l t h O f K e n t u c k y

C o u r t O f A pp e a l s

NO. 2001-CA-001575-MR

REGINA LANG APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE ANN SHAKE, JUDGE

ACTION NO. 00-CI-003395

JEFFERSON COUNTY DRUG COURT AND KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION APPELLEES

OPINION AFFIRMING

** ** ** ** ** BEFORE: DYCHE, KNOPF, AND McANULTY, JUDGES.

DYCHE, JUDGE: Regina Lang appeals from an order of the Jefferson Circuit Court which affirmed a decision of the Kentucky Unemployment Insurance Commission denying her application for benefits. We affirm.

Lang was employed as a counselor with the Drug Court of the Jefferson District Court. After she failed to report the rearrest of two of her clients, she was presented by her supervisor with a letter of reprimand imposing a twelve-day suspension without pay. Lang expressed her disagreement with

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this action, and indicated she was quitting. Asked if that meant she was resigning, she said, "Yes." Lang also made a statement to the effect that if that was how she was to be treated, then she would seek other work. Within an hour, she was presented with a letter accepting her resignation, which she ultimately "accepted." Lang now denies that she ever intended to resign, but was forced, under duress, to accept that fate.

Lang was initially denied unemployment benefits, but a referee reversed that decision. He found that she had voluntarily quit her employment, but that it was for good cause: that there was no clear policy or procedure in effect concerning the report of rearrests of clients of the program.

The Unemployment Insurance Commission reversed that decision, finding that, although Lang's working conditions were "less than ideal," she had reasonable alternatives to quitting. Lang now appeals that decision.

Our review is limited to determining whether there was substantial evidence to support the Commission's decision, and whether the Commission applied the correct law to the facts. We have reviewed the entire record, including the transcript of the hearing, and find substantial evidence to support the decision. Lang made her wish to quit known on more than one occasion. While the first expression might conceivably be excused as being made in the heat of a momentary confrontation, the continued statements of the desire to quit must be considered as substantial evidence of a voluntary termination.

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We find no error in the determination of lack of good cause for her resignation. She acted abruptly and did not take advantage of the conflict resolution mechanism available to her. The Commission and the Circuit Court were correct.

The order of the Jefferson Circuit Court is affirmed. ALL CONCUR. BRIEF FOR APPELLANT: Everett C. Hoffman Segal Stewart Cutler Lindsay Janes & Berry, PLLC Louisville, Kentucky

BRIEF FOR APPELLEE JEFFERSON DRUG COURT:

William P. O'Brien Karem & Karem Louisville, Kentucky

BRIEF FOR APPELLEE KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION:

Randall K. Justice Cabinet for Workforce Development Frankfort, Kentucky