Roberts v. HayesRoberts v. Hayes
Lead Opinion
{¶ 3} Ms. Roberts further testified at this hearing that on October 26, 2001, she learned that the other job would not materialize, and that she attempted to revoke her resignation that same day. Specifically, Ms. Roberts stated that she attempted to approach Mr. Stewart at the restaurant that evening to speak with him, but that she was not able to actually speak with him. Additionally, Ms. Roberts stated that she did speak with the manager on duty that same evening "to affirm [her] employment[,]" and she "was given the okay to stay in his employment." Ms. Roberts also asserted that she spoke with the floor manager that evening, who told her that "everything was okay[;]" Ms. Roberts stated that she also gave the floor manager a handwritten note, which was to be delivered to Mr. Stewart. Ms. Roberts testified that this note stated that Ms. Roberts "wanted to talk [with] him[.]" Ms. Roberts further stated that the following week, she called Mr. Stewart and left a message stating that she wished to speak to him "about a change in th[e] two week notice" because she had not yet heard back from the owner. Ms. Roberts maintained that Mr. Stewart never returned her call. Additionally, Ms. Roberts asserted that on November 7, 2001, the day before the expiration of the two-week notice, Mr. Stewart informed Ms. Roberts that he was accepting her two-week notice of resignation.
{¶ 4} On November 15, 2001, Ms. Roberts filed an application for determination of benefits rights, which was allowed. Thereafter, Ms. Roberts filed a first claim for benefits for the week ending November 17, 2001. On November 28, 2001, the Ohio Department of Job and Family Services ("ODJFS") disallowed this claim, finding that Ms. Roberts quit her job without just cause. Ms. Roberts filed an appeal, and on January 7, 2002, the ODJFS issued a director's redetermination affirming the prior determination.
{¶ 5} In a letter dated January 28, 2002, Ms. Roberts' newly-retained counsel appealed to the ODJFS Bureau of Unemployment Compensation Benefits, requesting that the Bureau reverse the director's redetermination. In support of this appeal, Ms. Roberts contended that she is entitled to unemployment compensation benefits because she did not quit, but rather that she was discharged without just cause on November 7, 2001. The appeal was subsequently transferred to the Review Commission,2 and a hearing was held on the matter. Thereafter, the Review Commission affirmed the director's redetermination. In a letter dated May 17, 2002, Ms. Roberts' counsel filed a request for review of the Review Commission's decision,3 which the Review Commission disallowed.
{¶ 6} On August 8, 2002, Ms. Roberts filed an administrative appeal with the Summit County Court of Common Pleas pursuant to R.C.
{¶ 7} Ms. Roberts timely appealed, asserting one assignment of error.
{¶ 8} In her sole assignment of error, Ms. Roberts avers that the common pleas court erred when it affirmed the decision of the Commission and did not recognize Ms. Roberts' revocation of her resignation. Specifically, Ms. Roberts contends that the common pleas court's judgment was unlawful, unreasonable, and against the manifest weight of the evidence. We disagree.
{¶ 10} R.C. Chapter 4141 does not distinguish between the scope of review of a common pleas court and that of an appellate court with respect to review commission decisions. See R.C.
{¶ 11} When reviewing a decision of the review commission regarding eligibility for unemployment compensation benefits, an appellate court is bound by the same limited scope of review as that required of the common pleas courts. Irvine v. State of Ohio Unemp.Comp. Bd. of Rev. (1985),
{¶ 12} When reviewing a decision of the review commission, common pleas and appellate courts are precluded from making factual findings; the resolution of factual questions is chiefly within the review commissions' scope of review. Tzangas,
{¶ 13} In its review of a decision regarding unemployment compensation, a common pleas or аppellate court may also reverse the decision if it finds it to be against the manifest weight of the evidence. R.C.
{¶ 14} This discretionary power is reserved for the exceptional case, where the judgment is "`so manifestly contrary to the natural and reasonable inferences to be drawn from the evidence as to produce a result in complete violation of substantial justice[.]'" Shepherd v.Freeze, 9th Dist. No. 20879,
{¶ 15} Moreover, "[e]very reasonable presumption must be made in favor of the [decision] and the findings of facts [of the review commission]." Karches v. Cincinnati (1988),
{¶ 17} Under R.C.
{¶ 18} Traditionally, "just cause," in the statutory sense, means "that which, to an ordinarily intelligent person, is a justifiable reason for doing or not doing a particular act." Irvine,
{¶ 19} It has been held, that, in general, an employee who quits employment in order to accept other employment is deemed to have quit without just cause, and is therefore not eligible for unemployment benefits pursuant to R.C.
{¶ 20} R.C.
{¶ 21} In support of her sole assignment of error, Ms. Roberts argues that (1) her two-week notice to her employer was an "offer to enter into a two week term of employment with [her employer,]" and that "[t]his offer, like any other offer, required acceptance and a meeting of the minds to result in a binding agreement[;]" and (2) since she revoked her resignation, no "offer" of resignation existed for Mr. Stewart to accept, and that therefore she was discharged without just cause. To support her first argument, Ms. Roberts relies on the principles of contract law, and contends that since she revoked this "offer" prior to its acсeptance by her employer, that this revocation terminated her employer's power of acceptance.
{¶ 22} Initially, this Court points out that Ms. Roberts does not cite supporting authorities to substantiate her argument that a notice of resignation letter constitutes an offer within the context of contract law. An appellant bears the burden of affirmatively demonstrating the error on appeal. Angle v. W. Res. Mut. Ins. (Sept. 16, 1998), 9th Dist. No. 2729-M; Frecska v. Frecska (Oct. 1, 1997), 9th Dist. No. 96CA0086. Particularly, an appellant must provide citations to authorities supporting the arguments in his brief, as required by App.R. (16)(A)(7) and Loc.R. 7(A)(6). Angle, supra; Frecska, supra.
{¶ 23} Furthermore, we observe that Ms. Roberts did not raise this argument to the Review Commission and did so for the first time on appeal to the common pleas court. It is well established, that, in order for an appellate court to consider an issue, the issue must have been preserved in the lower court. See Bd. of Health v. Trubiani (Dec. 16, 1998), 9th Dist. No. 2731-M, citing LeFort v. Century 21-Maitland Realty Co.
(1987),
{¶ 24} We observe that in its judgment entry the common pleas court did address this argument. However, in light of the aforementionеd, this Court will not address the argument during this appeal. Notwithstanding, we do note that it has been held that employment terminated on the giving of a specified notice is still employment at-will, and not employment for a specified term. See La FranceElectrical Construction Supply Co. v. Interntl. Bhd. of ElectricalWorkers, Local No. 8 (1923),
{¶ 25} To support her second argument regarding the revocation of her resignation, Ms. Roberts directs us to the decision in Davis v.Marion Cty. Engineer (1991),
{¶ 26} Furthermore, Ms. Roberts does not provide any authority to substantiate the notion that an at-will employee in the private sector in a similar situation as Ms. Roberts has any protections similar to those afforded civil service employees, or that a private employer is bound by an at-will employee's revocation of his or her resignation. As we have mentioned in our discussion of Ms. Roberts' first argument, an appellant bears the burden of affirmatively demonstrating the error on appeal, and must provide citations to supporting authorities. App.R. 16(A)(7) and Loc.R. 7(A)(6). See, also, Angle, supra; Frecska, supra. Our research of the issue reflects the fact that, absent specific circumstances indicating otherwise, an at-will employee in Ohio generally has no property interest in his or her continued employment. See Budinsky, supra; see, generally, Balbach, supra. Moreover, while a number of cases regarding public employees and their right to revoke a resignation have been decided, such an entitlement does not appear to have been established with respect to non-public еmployees. Therefore, we cannot say that, as a matter of law, Ms. Roberts' employer was bound by her revocation of resignation.
{¶ 27} Having set forth the analytical framework that guides our review of this case, we now determine whether the decision of the Review Commission in the instant case is unlawful, unreasonable, or against the manifest weight of the evidence. See R.C.
{¶ 28} In light of the foregoing, we cannot say that the Review Commission created suсh a manifest miscarriage of justice that the decision must be reversed. See Thompkins,
{¶ 29} Ms. Roberts briefly alludes to her belief that Ms. Stewart's acceptance of her resignation "appears to be purely retaliatory for [her] involvement in a collective action against [her employer] pending in federal court at that time." This Court observes that Ms. Roberts does not discuss the issue of retaliatory discharge beyond this bald assertion; she does not provide any evidence to establish the fact that her employer in fact engaged in a retaliatory discharge; and she does not cite any authorities to support her contention that retаliatory discharge occurred and that therefore she is eligible for unemployment benefits. As mentioned supra, an appellant has the burden to substantiate his or her arguments on appeal, including providing citations to authorities in support. See App.R. 16(A)(7) and Loc.R. 7(A)(6); Frecska, supra.
{¶ 30} We have already found in this case that the Review Commission's decision is not unlawful, unreasonable, or against the manifest weight of the evidence. Because the Review Commission affirmed the director's redetermination which found that Ms. Roberts was not discharged but had instead quit, the issue of whether Ms. Roberts was discharged, whether in retaliation or not, is rendered moot. Therefore, this Court will not address this issue during this appeal. Akron v.Crouse, 9th Dist. No. 21308,
{¶ 31} Because we have found that the decision of the Review Commission is not unlawful unreasonable, or against the manifest weight of the evidence, we must affirm the Review Commission's decision. See R.C.
Judgment affirmed.
Whitmore, J. concurs.
Notes
Dissenting Opinion
{¶ 33} I respectfully dissent. Under the facts of this case, I do not feel Ms. Roberts voluntarily severed her employment.