Summary
In Alcorn v. Daniels, 603 S.W.2d 478 (Ark.App. 1980), this court held that where the claimant was hired for a temporary "four to five weeks job" and where she completed such job, her leaving to seek permanent employment was not for a reason other than good cause in connection with work. This case does not appear in the Arkansas Appellate Reports.
Summary of this case from Weaver v. DirectorOpinion
No brief was filed for appellant.
No brief was filed for appellee.
PENIX, Judge.
The Claimant was hired by Shakespeare of Arkansas to work temporarily at a "four to five weeks job". She began work August 30, 1979. The employer's supervisor, Tommy Grubbs, told the Claimant she could work on until November 30, 1979 if she so desired. Grubbs then told the Claimant they were caught up and she could leave the job on November 27 to seek permanent employment. The Claimant did leave the job on November 27 to find a permanent job.
The Claimant filed her claim for unemployment benefits in Arkansas and did receive three checks. She moved to Texas and transferred her claim. She received a "Notice of Decision" saying she was disqualified under Section 5(a) of the Arkansas Employment Security Law because she quit her work for reasons other than good cause in connection with the work. The "Notice of Decision" states Claimant was hired for temporary work which was to end November 30, 1979. The Claimant contends she was not hired to work until November 30, 1979, but rather at the time of hiring she was employed for a temporary "four to five weeks job". She contends she did complete such "four to five weeks job" and that her leaving on November 27, 1979 to seek permanent employment was not for a reason other than good cause in connection with the work.
We agree with the Claimant. We find there was not substantial evidence to support the decision of disqualification.
We therefore reverse and remand.
NEWBERN, J., concurs.
NEWBERN, Judge, concurring.
Ark.Stat.Ann., § 81-1106(a) (Supp.1979), provides that an employee is disqualified from receiving benefits "(i)f (s)he voluntarily and without good cause connected with the work left (her) last work." As the majority opinion suggests, this employee worked until the end of the period covered by her temporary contract. Her employment with the appellee, Shakespeare, thus had come to an end. The statute obviously contemplates an employee who "quits" a job. This employee did no such thing, rather, her departure came at the termination of her job.
It is my opinion that she, therefore, did not "voluntarily" leave her last work in the sense of the statute, and thus she should not be disqualified. It is confusing to discuss whether there is substantial evidence to support a determination whether the employee left her last work with or without "good cause." Whether there was "good cause" is irrelevant if the departure was not "voluntary."