Crandall v. Crandall
2011 ND 136
| N.D. | 2011Background
- Willits was an LPN at Circle of Nations School in Wahpeton (federal property) starting Oct 2003.
- Her scope included medication monitoring, training staff to administer medications, and quality assurance.
- In Sept 2009 she asked for part-time work; request denied.
- Willits raised licensure concerns after a medication error and contacted Minnesota and North Dakota Boards of Nursing.
- Administrators planned to investigate and potentially adjust policies; Willits quit on Nov 12, 2009 after a Nov 10 meeting.
- Job Service denied unemployment benefits for voluntary quit without good cause attributable to employer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Willits quit with good cause attributable to employer | Willits warned she would quit if required to train unqualified staff | Employer offered to investigate and resolve concerns; Willits did not give time to respond | No; she did not prove good cause attributable to employer |
| Whether Willits made reasonable efforts to preserve employment | No explicit notice she would quit, but concerns warranted action | Willits did not communicate imminent quitting or seek alternatives | Yes; reasonable efforts not shown; quit before resolution sought by employer |
| Credibility and weight of findings on closure of training duties scope | Willits’ statements showed quitting if duties outside license | Record shows she did not state she would quit and left abruptly | Reasoning mind could determine she left without good cause based on weight of evidence |
Key Cases Cited
- Newland v. Job Serv. North Dakota, 460 N.W.2d 118 (N.D. 1990) (liberal construction of remedial unemployment statutes to favor employee; fault equals failure to preserve employment)
- Baier v. Job Serv. North Dakota, 673 N.W.2d 923 (2004 ND) (employers protected from quits not caused by employer; remedial statute guidance)
- Johnson v. Job Serv. North Dakota, 590 N.W.2d 877 (1999 ND) (requirement to be attached to labor market; good cause analysis)
- Hjelden v. Job Serv. North Dakota, 603 N.W.2d 500 (1999 ND) (whether quit is for good cause is a question of fact)
- Esselman v. Job Serv. North Dakota, 548 N.W.2d 400 (1996 ND) (employee not entitled where quits before issue resolution; reasonable effort to preserve employment)
- Carlson v. Job Serv. North Dakota, 548 N.W.2d 389 (1996 ND) (employee not entitled where quit before employer could address concerns)
- Von Ruden v. North Dakota Workforce Safety and Ins. Fund, 755 N.W.2d 885 (2008 ND) (standard of review for agency findings; not independent fact-finding)
- Schweitzer v. Job Serv. North Dakota, 770 N.W.2d 238 (2009 ND) (appeals referee credibility determinations; substantial evidence standard)
- Spectrum Care LLC v. Stevick, 718 N.W.2d 593 (ND 2006) (administrative findings must be supported by weight of the evidence)