DO NOT CITE. SEE RAP 10.4(h).
Court of Appeals Division I
State of Washington
Opinion Information Sheet
Docket Number: 44506-5-I
Title of Case: John L. Corrigan, Appellant
v.
Employment Security Dept., St of Wa, Respondent
File Date: 02/14/2000
SOURCE OF APPEAL
----------------
Appeal from Superior Court of King County
Docket No: 98-2-22698-6
Judgment or order under review
Date filed: 04/19/1999
Judge signing: Hon. Jeanette Burrage
JUDGES
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COUNSEL OF RECORD
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Counsel for Appellant(s)
John L. Corrigan (Appearing Pro Se)
6103 S. 295th Court
Auburn, WA 98001
Counsel for Respondent(s)
Laura J. Watson
900 Fourth Avenue
Ste 2000
Seattle, WA 98164-1012
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
JOHN L. CORRIGAN, )
) No. 44506-5-I
Appellant, )
)
v. ) DIVISION ONE
)
EMPLOYMENT SECURITY )
DEPARTMENT OF THE ) UNPUBLISHED OPINION
STATE OF WASHINGTON, )
)
)
Respondent. ) FILED:
PER CURIAM. John Corrigan applied for unemployment benefits after he
resigned from Cable Plus. The Commissioner of the Employment Security
Department (the commissioner) concluded that Corrigan voluntarily quit
without good cause and accordingly denied his request for unemployment
benefits. Because Corrigan did not exhaust all reasonable alternatives at
Cable Plus before resigning, we affirm.
FACTS
John Corrigan started working at Cable Plus as a temporary employee in
May 1995 and accepted a permanent position with the title 'staff accountant
- special projects' in June 1996. In the summer of 1996, Corrigan's
supervisor, Dave Wilson, assigned Corrigan to help with some of the
administrative aspects of Cable Plus' conversion of its long distance
services (WorldCom conversion).
During the WorldCom conversion, Corrigan developed a personality conflict
with the manager of telephone operations, Mike Kuehn. In November 1996,
Corrigan sent an e-mail to Kuehn that Corrigan admits was inappropriate.
Kuehn angrily replied with his own e-mail, stating 'either Corrigan goes or
I go. I have had it with this guy.' Wilson determined that Corrigan and
Kuehn should not work together.
Wilson told Corrigan that there was still plenty of work available in the
accounting department and he would continue to receive $35 per hour.
Corrigan told Wilson that he was quitting to work with his sister in a new
long distance company. After he resigned Corrigan applied for unemployment
benefits. The Employment Security Department (ESD) denied his application,
concluding that Corrigan voluntarily quit his job without good cause.
Corrigan appeals the decision of the superior court affirming the denial of
unemployment benefits.
DECISION
Order on Prehearing Conference
Corrigan claims that Cable Plus failed to produce budget figures as
required by the Administrative Law Judge (ALJ) in the order on prehearing
conference. Therefore, according to Corrigan, the ALJ abused his
discretion by failing to compel the production of the documents. The order
on prehearing conference requires that Cable Plus produce the 'portion of
the company's budget that reflected the claimant's position as a line item
as it existed on August 31, 1996 and November 30, 1996.' Contrary to
Corrigan's assertion, the required budget figures are in the certified
appeal board record.
Although his argument is difficult to follow, Corrigan also suggests
that the ALJ should have ordered Cable Plus to produce budget figures
through January 1997. According to Corrigan, this information would have
shown that Cable Plus did not intend to fund his position. A court
exercises broad discretion in managing the discovery process. Rhinehart v.
Seattle Times Co., 98 Wn.2d 226, 232, 654 P.2d 673 (1982), aff'd, 467 U.S.
20, 104 S.Ct. 2199, 81 L.Ed.2d 17, cert. denied, 467 U.S. 1230 (1984).
Corrigan makes no showing that the ALJ's order is inconsistent with the
employer's theory that funding for Corrigan's position was not in the
January 1997 budget because the budget was made after Corrigan resigned.
We cannot find an abuse of discretion in the ALJ's order on prehearing
conference.
Commissioner's conclusion that Corrigan left voluntarily without good cause
In assignments of error two and three, Corrigan argues that he was
constructively discharged, and therefore the ALJ (and the commissioner)
erred by concluding he left voluntarily. In assignment of error four,
Corrigan contends that the ALJ (and the commissioner) failed to determine
whether Corrigan left with good cause.
Under the Washington Administrative Procedures Act, a reviewing court
may reverse the final administrative decision of the commissioner when 1)
the administrative decision is based on an error of law; 2) the decision is
not based on substantial evidence, or 3) the decision is arbitrary or
capricious. RCW 34.05.570(3); Tapper v. Employment Sec. Dep't, 122 Wn.2d
397, 402, 858 P.2d 494 (1993). The reviewing court sits in the same
position as the superior court and applies these standards directly to the
record before the ESD. Tapper, 122 Wn.2d at 402.
Whether an employee voluntarily quit without good cause is a mixed
question of law and fact. Sweitzer v. Dep't of Empl. Sec., 43 Wn. App.
511, 515, 718 P.2d 3 (1986); cf. Tapper, 122 Wn.2d at 402-03. Factual
questions are reviewed for substantial evidence, and questions of law and
the application of the law to the facts are reviewed de novo. Tapper, 122
Wn.2d at 403. Under the substantial evidence standard, we grant relief if
the order is 'not supported by evidence that is substantial when viewed in
light of the whole record before the court.' RCW 34.05.570(3)(e). If the
'agency has erroneously interpreted or applied the law,' we overturn its
decision. RCW 34.05.570(3)(d); Fisher v. Empl. Sec. Dep't, 63 Wn. App.
770, 773, 822 P.2d 791 (1992).
The Employment Security Act provides unemployment benefits to help
those who have become unemployed through no fault of their own. RCW
50.01.010. 'Generally, unemployed workers are eligible for benefits unless
they are disqualified by statute.' Lawter v. Empl. Sec. Dep't, 73 Wn. App.
327, 331, 869 P.2d 102, review denied, 124 Wn.2d 1019, 881 P.2d 254 (1994).
A worker may be disqualified from receiving unemployment benefits if the
commissioner determines he or she voluntarily left work without good cause.
RCW 50.20.050(1). An employee must satisfy three factors to establish good
cause: 1) that the employee left because of work connected factors; 2)
that the factors were sufficiently compelling to cause a reasonably prudent
person to terminate employment; and 3) that the employee exhausted all
reasonable1 alternatives. Terry v. Empl. Sec. Dep't, 82 Wn. App. 745, 919
P.2d 111 (1996); WAC 192-16-009.
The ALJ concluded that Corrigan did not leave for good cause because
he failed to exhaust all reasonable alternatives. 'By not offering to stay
and do other jobs as assigned by Mr. Wilson, the claimant failed to exhaust
all reasonable alternatives to preserve his employment prior to quitting.'
The commissioner agreed, adding that Corrigan 'failed to take those steps
which an ordinarily prudent person, similarly situated, would have taken to
preserve his employment.' These conclusions are supported by the ALJ's
findings of fact, as adopted by the commissioner:
4. . . . Rather than wait around and be fired or forced out, the claimant
decided to resign. At the time the claimant resigned, the employer did not
have any plans to discharge the claimant.
5. The company is going through rapid growth. Since the time the claimant
left, there have been a number of opportunities that have opened up that
the claimant would have been qualified to perform, and which are paid
comparable with his pay rate . . . .
These findings are supported by substantial evidence in the record.
Corrigan did not pursue intra-company employment opportunities through the
Cable Plus human resources department. Moreover, Corrigan's supervisor,
Dave Wilson, suggested that he stay and work in the accounting department,
where he previously performed duties similar to his work on the WorldCom
conversion. There was ample work available for Corrigan in the accounting
department. Corrigan did not pursue these employment opportunities.
Instead,
he told Wilson that he was leaving to work with his sister. Corrigan
failed to exhaust all reasonable opportunities before he resigned from
Cable Plus.
Affirmed.
FOR THE COURT:
1 The employee is not required to perform futile acts.