Unemployment compensation Voluntary departure Good cause.


Byline: R.I. Lawyers Weekly Staff

Where an applicant was found to be ineligible for unemployment benefits, that finding should be upheld, as the applicant voluntarily quit without good cause.

"This matter is before the Court pursuant to Rhode Island General Laws 1956 42-35-15, seeking a judicial review of a final decision rendered by the Board of Review, Department of Labor and Training.

"[Rui F.] Correia worked as a detailer for John Russo for two weeks. The employer told the claimant that they mistakenly paid him for the Labor Day holiday and he either needed to pay the money back or work eight hours without compensation. Mr. Correia stated that because it was a national holiday, he should have been paid even though he did not work that day. The employer stated that the claimant walked out of his shift without communicating to anyone and sent a text message stating he was quitting.

"In order to establish that he had good cause for leaving his job, the claimant must show that the work had become unsuitable or that he was faced with a situation that left him no reasonable alternative other than to terminate his employment. The burden of proof rests with the claimant. In this present case, the claimant has not sustained this burden. The record lacks sufficient evidence to indicate that the work was unsuitable. The claimant did not communicate his concerns to his employer but instead abandoned his shift and quit. There was evidence presented that Mr. Correia did have a reasonable alternative, other than to terminate his employment. The employer stated that the claimant could have talked it over and preserved his job but instead Mr. Correia walked out. Under...

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