Osterhout v. Everett
| Decision Date | 06 October 1982 |
| Docket Number | No. E,E |
| Citation | 639 S.W.2d 539,6 Ark.App. 216 |
| Parties | , 36 A.L.R.4th 392 Ronald OSTERHOUT, Appellant, v. William F. EVERETT, Director of Labor, and Valmac Industries, Appellees. 82-157. |
| Court | Arkansas Court of Appeals |
No briefs filed for appellant.
No briefs filed for appellee.
This is an unemployment compensation case in which appellant has appealed from the denial of benefits by the Board of Review. Appellant was denied benefits under the provisions of Ark.Stat.Ann. § 81-1106(a) for the reason that he voluntarily quit his last job without good cause connected with the work. We affirm.
The record reveals no dispute as to the controlling facts as found by the Board of Review. On January 13, 1982, the appellant gave his notice that he would resign as of January 22, 1982. Appellant stated that he submitted his resignation because he had been convicted of a felony and needed $750.00 to continue his defense. He was attempting to obtain the money by resigning in order to receive payment for accrued vacation time. On January 18, 1982, the court hearing his criminal case found claimant to be an indigent and ordered that state funds be used to continue appellant's appeal thereby removing appellant's necessity to resign. Appellant informed his employer that he wanted to withdraw his resignation but the employer refused. The employer informed claimant that his resignation had been accepted.
Harris v. Daniels, 263 Ark. 897, 567 S.W.2d 954 (1978), Rose v. Daniels, 269 Ark. 679, 599 S.W.2d 762 (1980).
The sole question to be addressed here is one of first impression in this state. The issue is whether an employee who voluntarily resigns his employment without good cause connected with the work is entitled to unemployment benefits if he attempts to withdraw his resignation prior to his last day of employment with that employer.
Our research has disclosed that this issue has been addressed in other jurisdictions. The Supreme Judicial Court of Maine in Guy Gannett Publishing Co. v. Maine Employment Security Commission, 317 A.2d 183 (Me.1974), summarized the decisions in the states of Pennsylvania, Connecticut and Louisiana on this issue. Additionally, we note that New Jersey has also decided this question in Nicholas v. Board of Review, 171 N.J.Super. 36, 407 A.2d 1254 (1979).
Although the Arkansas Employment Security Law is...
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Newland v. Job Service North Dakota
...N.W.2d 236, 238 (Minn.Ct.App.1986); McClain v. State Dept. of Indus. Relations, 405 So.2d 34 (Ala.Civ.App.1981); Osterhout v. Everett, 6 Ark.App. 216, 639 S.W.2d 539 (1982); Stern v. Industrial Comm'n, 667 P.2d 244 (Colo.Ct.App.1983). Cf. e.g., Lass v. N.D. Work. Comp. Bureau, 415 N.W.2d 79......
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Wright v. Dept. of Employment Services
...denied benefits, reasoning that the employer is not required to accept the withdrawal of resignation. See, e.g., Osterhout v. Everett, 6 Ark.App. 216, 639 S.W.2d 539 (1982); Rabago v. Unemployment Insurance Appeal Board, 84 Cal.App.3d 200, 207-08, 148 Cal. Rptr. 499, 504 (5th Dist. 1978); B......
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LeBeau v. Commissioner of Dept. of Employment and Training
...and caused his own unemployment). A majority of courts that have considered this issue are in accord. See, e.g., Osterhout v. Everett, 6 Ark.App. 216, 639 S.W.2d 539 (1982) (employee who voluntarily resigns employment without good cause connected with work not entitled to unemployment benef......
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Langley v. Employment Appeal Bd.
...to accept the withdrawal of resignation. Thus, the employee is potentially disqualified from receiving benefits. Osterhout v. Evertt, 6 Ark.App. 216, 639 S.W.2d 539 (1982); Rabago v. Unemployment Ins. Appeal Bd., 84 Cal.App.3d 200, 207-08, 148 Cal.Rptr. 499, 504 (1978); Wright v. Department......