Lynch v. Dept. of Employment & Training (2005-003)
2005 VT 114
[Filed 06-Oct-2005]
ENTRY ORDER
2005 VT 114
SUPREME COURT DOCKET NO. 2005-003
APRIL TERM, 2005
Bonnie Lynch } APPEALED FROM:
}
}
v. }
}
} Employment Security Board
Department of Employment & Training }
(State of Vermont/Office of }
the Defender General) } DOCKET NO. 09-04-023-03
}
In the above-entitled cause, the Clerk will enter:
¶ 1. Claimant Bonnie Lynch appeals from an Employment Security Board
(ESB) determination that she was ineligible for unemployment compensation
after leaving her job without good cause attributable to her employer. We
affirm.
¶ 2. Claimant worked as a secretary for the Bennington County Public
Defender's Office for three and one-half years before resigning in August
2004. The reasons for claimant's resignation centered on what claimant
characterizes as hostile, unprofessional, and aggressive conduct by her
immediate supervisor. Claimant described the supervisor as inflexible,
controlling, and abusive. The supervisor's treatment of claimant and
others involved in the court system became an issue of great concern to
claimant. The testimony before the claims adjudicator established that the
supervisor had acted inappropriately during a meeting with the presiding
judge of the Bennington District Court and was later required to apologize
for her conduct. Other instances of the supervisor's less-than-courteous
conduct were described in the record.
¶ 3. Claimant complained to the public defender about her supervisor
on two occasions. The public defender told claimant that she and her
supervisor should try to resolve their differences, which claimant
attempted to do. The supervisor's behavior improved for a while, but the
improvement did not last. Claimant complained again in late July 2004.
This time, she told the public defender that she intended to resign because
she found the situation intolerable. The public defender offered three
alternative solutions to address the issue: (1) allow the public defender
to address claimant's concerns with the supervisor at the supervisor's
regular performance review, which was scheduled two weeks from that date;
(2) ask the Defender General's Office to intervene; and/or (3) ask the
state employees' union for assistance in resolving the problem using the
process established by the union contract. Believing that the work
environment would deteriorate rather than improve if she pursued one or
more of those options, claimant decided to resign and to file for
unemployment compensation. The denial of unemployment compensation
benefits gave rise to this appeal.
¶ 4. On appeal, claimant challenges only the ESB's conclusion and
not the facts the ESB found. Therefore, our review of the ESB's decision
is narrow and requires us to determine "whether the findings support the
[ESB]'s conclusions, and the conclusions its decision." Turco v. Dep't of
Employment §, 141 Vt. 135, 136, 446 A.2d 345, 346 (1982). At issue is
whether, under the facts the ESB found, claimant left her "last employing
unit voluntarily without good cause attributable to such employing unit."
21 V.S.A. § 1344(a)(2)(A). This question must be analyzed under the
specific facts and circumstances of each individual case, Turco, 141 Vt. at
137, 446 A.2d at 346, to determine whether the employee's decision was
reasonable. Skudlarek v. Dep't of Employment & Training, 160 Vt. 277, 280,
627 A.2d 340, 342 (1993). The employee has the burden to prove good cause
for quitting her job. Id.
¶ 5. Because claimant initiated the separation from employment in
this case, she had the burden to demonstrate that her decision to resign
was reasonable because the employer failed to do anything to improve the
working conditions about which she complained. See Turco, 141 Vt. at 138,
446 A.2d at 347 (affirming ESB decision in favor of employee where employer
was aware of co-worker harassment and did nothing to address the problem).
The ESB determined that claimant did not sustain her burden, and we agree.
Even if all of the allegations claimant made about her supervisor were
true, the record shows that her employer took measures to deal with the
matter after claimant complained. The public defender spoke to the
supervisor about the problem and her behavior improved for some time.
After claimant complained to the public defender a second time, the public
defender provided three different options for claimant to handle the
problem. Claimant's decision to forego those options and leave her job
permanently cannot be attributed to her employer.
¶ 6. This case is distinguishable from Turco, where this Court
upheld the ESB's decision to grant the claimant unemployment compensation.
The claimant in Turco had been subject to false claims of stealing by his
coworkers because the coworkers did not like the claimant's religious
proselytizing. In contrast to the public defender's actions in this case,
the employer in Turco did nothing to address the claimant's difficulties
with his coworkers. The Court explained that "given the history of
harassment, [the employer]'s knowledge of it, the employer's failure to
address the problem, and the seemingly calloused indifference to claimant's
plight we cannot say that the Board erred in concluding that the leaving
was with good cause attributable to the employing unit." Id. The ESB's
findings show that the employer was sympathetic to claimant's plight and
took reasonable steps to deal with her complaints. Even if other steps
could have been taken to address claimant's concerns, the ESB's
determination that claimant acted unreasonably by quitting her job given
all of the circumstances then present is entitled to deference. See id.
(reiterating that when findings are supported by evidence, Supreme Court
defers to ESB's decision on whether claimant's decision to quit was
reasonable). In sum, the ESB's determination that claimant left her job
for reasons not attributable to her employer must be sustained.
Affirmed.
------------------------------------------------------------------------------
Dissenting
¶ 7. JOHNSON, J., dissenting. The majority's cramped view of the
unemployment statute and our decision in Turco v. Department of Employment
Security, 141 Vt. 135, 446 A.2d 345 (1982), results in an unfair denial of
unemployment benefits to an employee who chose to leave her job rather than
continue in an intolerable workplace environment. The key fact that
compels unemployment in this case is that the employer, an office of the
Defender General, had long-standing knowledge of the offending supervisor's
conduct, acknowledged that the supervisor was a problem, but failed and
refused to take adequate steps to remedy the problems created by the
supervisor in the work environment. Upholding the denial of benefits in
this circumstance distorts the purpose of unemployment, which is to be
liberally construed to support employees who are no longer working due to
circumstances beyond their control. Lane II v. Dep't of Employment §, 134
Vt. 9, 10-11, 347 A.2d 454, 455 (1975) ("The complex pattern of the whole
statute is one of compensation for involuntary unemployment, with
disqualification and penalties where the unemployment is due to choice or
fault."). I respectfully dissent.
¶ 8. After three-and-a-half years of employment as a secretary at
the Bennington County Public Defender's Office, claimant resigned in 2004
due to a hostile work environment created by her direct supervisor. The
public defender had knowledge of the supervisor's conduct and the
detrimental effect it had on claimant as early as 2003, when claimant
formally complained and indicated her intent to resign if the supervisor's
conduct continued. At that time, she was told to work it out with her
supervisor. She did as she was told and matters improved for awhile. The
public defender was aware, however, that the supervisor continued to create
a difficult working environment even after he had spoken with the
supervisor after claimant's 2003 complaint.
¶ 9. Despite this knowledge, when claimant formally complained a
year later, the day after she had been the target of the supervisor's rage,
the public defender gave claimant three options, two of which placed the
burden on the employee to take steps to resolve the problem, and the third
promised no immediate help for the situation. As a result, claimant
resigned.
¶ 10. The legal issue is whether claimant quit for reasons not
attributable to her employer. Because the employer offered three
inadequate options to the employee, and claimant made a different choice,
the majority upholds the ESB's conclusion that claimant willingly chose to
resign. The majority's decision rests on its interpretation of Turco,
which it reads as barring a claimant from unemployment compensation if the
employer does "anything" to address an employee's work-related problems.
In Turco we held that the claimant was entitled to unemployment
compensation because the employer did nothing to remedy the claimant's
situation. 141 Vt. at 138, 446 A.2d at 347. As the majority points out,
however, we reached this conclusion by analyzing the totality of the
circumstances, including "the history of harassment, [the employer]'s
knowledge of it, the employer's failure to address the problem, and the
seemingly callous indifference to claimant's plight." Id. Therefore,
Turco does not limit this Court from finding an employer's actions to be so
inadequate that a claimant's decision to quit work is justified under the
statute.
¶ 11. None of the options the public defender presented to claimant
was reasonable in light of the problem presented. First, the public
defender advised the employee to file a grievance with the Vermont State
Employees Association (VSEA). But the problem as reflected by the hearing
officer's findings of fact relates to the conduct of the supervisor, who
was frequently rude and nasty to others. The public defender did not
dispute that the supervisor was a problem. He was well aware of this fact
because he had reprimanded her on a prior occasion for offending a judge,
going so far as to require her to send a letter of apology to the judge.
Thus, this was not a personal conflict that existed exclusively between the
supervisor and the claimant, nor one in which the employer disputed that
the supervisor was a problem in the office. In either of those situations,
it might have been reasonable to ask the employee to take her issue to the
VSEA
¶ 12. Nor was it reasonable to ask claimant, a clerical employee, to
go the Defender General's Office and complain about her immediate
supervisor, because the public defender in charge of the office refused to
address the problem in a timely fashion. This was a brush-off that
claimant rightly perceived was likely to result in even greater harassment
from her supervisor.
¶ 13. The third option, that the public defender would address the
issue during an annual performance review of the supervisor in two weeks,
promised little hope of a resolution given the amount of attention that the
public defender had been willing to give to the situation in the past.
Again, Turco requires us to look at the context in which these
long-standing problems were occurring. Although the public defender was
entitled to handle or not handle the personnel problem as he saw fit, that
is a different question from whether claimant was entitled, at some point,
to hit her limit with the employer and leave, without suffering a loss of
benefits. Asking claimant to exhaust all options proffered by the
employer, when none had any chance of resolving an immediate problem, is
unreasonable as a matter of law. See In re City of Franklin, 485 A.2d 295,
298 (N.H. 1984) (interpreting a nearly identical statute and holding that
claimants are not required to exhaust all available remedies within the
employer's organization before terminating employment on account of the
employer, but requiring claimants to show under broader reasonable-person
test that circumstances warranted termination); see also N.H. Rev. Stat.
Ann. § 282-A:32(I)(a) (2005); N.H. Code Admin. R. Ann. [Emp. Sec.] 503.01
(2005).
¶ 14. Moreover, the majority's decision places an unreasonable
burden on the claimant to resolve a workplace problem that, based on the
findings, was not of her own making and not within her control. The
majority upholds the ESB's decision on the standard of review, which is
deferential to the Department of Employment Security. But the ESB is also
bound by Turco, and by the liberal statutory construction in favor of
benefits. Considering all of the findings and discussion in the hearing
officer's decision, subsequently upheld by the ESB, the decision is an
unreasonable interpretation of the law. Claimant should be entitled to
unemployment compensation under 21 V.S.A. § 1344 (a)(2)(A).
BY THE COURT:
Dissenting:
__________________________________ __________________________________
Denise R. Johnson, Associate Justice Paul L. Reiber, Associate Justice
__________________________________
John A. Dooley, Associate Justice
__________________________________
Marilyn S. Skoglund, Associate
Justice
__________________________________
Frederic W. Allen, Chief Justice
(Ret.) Specially Assigned
.