Cynthia Day v. Department of Labor, 2016-131

Claimant worked as a teacher for Chelsea School District for ~8 weeks and resigned effective October 19, 2015; last day worked was October 16, 2015.
Claimant testified she quit because she lacked support: no class lists, incomplete curriculum, inadequate mentorship, and no disciplinary backing from the principal; she feared disciplinary action or license revocation.
Principal testified claimant had a mentor, training materials, in-person assistance, and that he was available as a resource; he met with claimant on October 6 about missed syllabi and grading deadlines and arranged a curriculum director classroom visit for October 19.
The claims adjudicator denied benefits; an administrative law judge and then the Employment Security Board affirmed, finding the resignation was voluntary and not for good cause attributable to the employer.
The Board found claimant quit before the employer could implement promised assistance (including the October 19 visit) and that there was no evidence disciplinary action or licensure jeopardy was imminent.
Claimant also argued she was denied a chance to speak to the claims adjudicator, but the court found no prejudice because she received a full evidentiary hearing before the administrative law judge.

Issue	Claimant's Argument	Employer's Argument	Held
Whether claimant quit for "good cause attributable to the employer" under 21 V.S.A. § 1344(a)(2)(A)	Working conditions were unbearable and employer knew of problems; thus resignation was for good cause attributable to employer	Employer provided support (mentor, materials, meetings) and had taken steps to assist; claimant quit voluntarily	The Board's finding that claimant did not show good cause attributable to employer was upheld
Whether claimant gave employer sufficient opportunity to remedy problems before quitting	Employer had ample time and notice to correct issues; claimant raised concerns Oct 6 but quit Oct 19	Employer argued claimant quit before promised remedies (e.g., curriculum director visit) could occur	Held claimant failed to allow employer a reasonable opportunity to address issues
Whether fear of disciplinary action or license revocation constituted good cause	Claimant feared license loss if she stayed	Employer denied any contemplated action that would jeopardize licensure; no disciplinary action had been taken	Anticipatory fear of future action did not establish good cause
Whether denial of opportunity to speak to the claims adjudicator prejudiced claimant	Claimant said she was not allowed a fact-finding interview	Employer noted claimant had a full evidentiary hearing before the administrative law judge	No prejudice shown; due process satisfied by full evidentiary hearing

Cook v. Dep’t of Emp’t & Training, 143 Vt. 497 (1983) (Board’s findings on good-cause resignations are entitled to great weight and appellate court will affirm if supported by credible evidence)
Rushlow v. Dep’t of Emp’t & Training, 144 Vt. 328 (1984) (employee must attempt to resolve workplace grievance or show such effort would be unavailing)
Skudlarek v. Dep’t of Emp’t & Training, 160 Vt. 277 (1993) (burden of proving good cause attributable to employer rests with employee; reasonableness standard applies)
In re Towle, 164 Vt. 145 (1995) (due process satisfied where an initial predetermination hearing is followed by a full evidentiary hearing)

Affirmed.