LeBlanc v. Director of Div. of Employment Sec.
| Decision Date | 17 December 1986 |
| Parties | Jennifer J. LeBLANC, v. DIRECTOR OF the DIVISION OF EMPLOYMENT SECURITY et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Francis X. Bellotti, Atty. Gen., Wendy Thaxter, Asst. Atty. Gen., & Rita K. McNally, Legal Asst., for Director of the Div. of Employment Security.
Sumner H. Smith, Lynn, for employee.
Before HENNESSEY, C.J., and WILKINS, NOLAN, LYNCH and O'CONNOR, JJ.
Rescript.
The review examiner found that the claimant was so dissatisfied with a salary increase from her employer, the Beverly Savings Bank, that she first accepted and then returned two paychecks which reflected the increase. When a vice-president of the employer told her that she had to be paid for her services and that if she would not accept the salary in the amount offered, she would have to leave, she left.
The review examiner ruled that her discharge was a voluntary leaving "without good cause attributable to the employing unit." G.L. c. 151A, § 25 (e )(1) (1984 ed.). The claimant's application for review was denied (G.L. c. 151A, § 40 [1984 ed.] ), rendering the review examiner's decision the decision of the board of review. G.L. c. 151A, § 41 (1984 ed.). The claimant appealed to a District Court which affirmed the decision of the board of review. G.L. c. 151A, § 42 (1984 ed.). She then appealed to this court. We affirm.
The statute [§ 25 (e )(1) ] Raytheon Co. v. Director of the Div. of Employment Sec., 364 Mass. 593, 596, 307 N.E.2d 330 (1974). The claimant has failed to carry her burden on these issues. Cantres v. Director of the Div. of Employment Sec., 396 Mass. 226, 231, 484 N.E.2d 1336 (1985).
As to involuntariness, she has failed to meet a test which has had our approval for many years by demonstrating that she was "thrown out of work through no fault of [her] own." Howes Bros. Co. v. Unemployment Compensation Comm'n, 296 Mass. 275, 282, 5 N.E.2d 720 (1936), cert. denied, 300 U.S. 657, 57 S.Ct. 434, 81 L.Ed. 867 (1937), quoted with approval in Olmeda v. Director of the Div. of Employment Sec., 394 Mass. 1002, 1003, 475 N.E.2d 1216 (1985).
The claimant also failed to carry her burden of proving that her departure was founded on good cause...
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State Street Bank v. Div. Of Employment
...the employee demonstrates that he or she left for good cause attributable to the employer. See LeBlanc v. Director of the Div. of Employment Sec., 398 Mass. 1010, 501 N.E.2d 503 (1986); Potris v. Commissioner of the Dept. of Employment & Training, 42 Mass.App.Ct. 735, 738, 679 N.E.2d 605 (1......