Perkins v. Equal Opportunity Com'n

• Decision Date: 02 February 1990
• Docket Number: No. 89-200,89-200
• Citation: 451 N.W.2d 91,234 Neb. 359
• Parties: William A. PERKINS, Appellee, v. EQUAL OPPORTUNITY COMMISSION, Appellee, and Virginia Yueill, Commissioner of Labor, State of Nebraska, Appellant.
• Court: Nebraska Supreme Court

Page 91

451 N.W.2d 91

234 Neb. 359

William A. PERKINS, Appellee, v. EQUAL OPPORTUNITY COMMISSION, Appellee and Virginia Yueill, Commissioner of Labor, State of Nebraska, Appellant.

No. 89-200.

Supreme Court of Nebraska.

Feb. 2, 1990.

Syllabus by the Court

1. Appeal and Error. In reviewing questions of law, the Nebraska Supreme Court has an obligation to reach its conclusions independent from those reached by the court from which the appeal is taken.

2. Employment Security Law: Words and Phrases. An employee who has engaged in no misconduct and who desires to keep his or her employment but nonetheless resigns because the employer has clearly manifested that the employment will be terminated has not left his or her employment "voluntarily," as that term is used in Neb.Rev.Stat. § 48-628(a)(1) (Reissue 1988).

Laureen Van Norman and John F. Sheaff, Lincoln, for appellant.

Margene M. Timm, Lincoln, of Legal Services of Southeast Nebraska, for appellee Perkins.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

Appellee William A. Perkins filed for unemployment compensation benefits under the Nebraska Employment Security Law, Neb.Rev.Stat. §§ 48-601 et seq. (Reissue 1988). Both the claims deputy and the Nebraska Appeal Tribunal determined that Perkins voluntarily left his employment with appellee Nebraska Equal Opportunity Commission without good cause, and disqualified him from receiving benefits for a period of 8 weeks. Upon appeal of the tribunal's decision, the district court agreed that Perkins voluntarily left his employment but determined he did so for good cause, and therefore reversed the decision of the appeal tribunal. Appellant, Commissioner of Labor, assigns the district court's ruling as error. We hold Perkins did not leave his employment voluntarily, and on that basis affirm the judgment of the district court.

There is no dispute as to the material facts. Thus, only questions of law are presented, in the reviewing of which this court has an obligation to reach its conclusions independent from those reached by the district court. State v. Wren, 234 Neb. 291, 450 N.W.2d 684 (1990); Knox v. Cook, 233 Neb. 387, 446 N.W.2d 1 (1989).

Perkins' duties as a Field Representative I were to investigate claims of discrimination. During his initial 9-month period of probationary employment, Perkins proved to be incapable of making as many investigations as his employer expected. In order to allow him more time to achieve the required level of performance, the employer extended Perkins' period of probationary employment by 3 months, the maximum extension allowable under the employer's rules. At the time it granted the extension, the employer told Perkins that if his production did not increase to meet the employer's standards, he would be discharged. There is no claim Perkins had engaged in any misconduct and no claim that he had prior to this time indicated a desire to leave his employment.

Perkins remained unable to meet the expected level of production and, shortly before the end of his extended probationary period, realized that he could not improve his performance. He thereupon concluded that quitting was preferable to being discharged, and resigned before his extended period of probationary employment would have ended. The employer's director testified he did not think that "in three weeks [Perkins] could accomplish what had not been accomplished.... [I]f he had stayed with things being as they were, we would have no other choice, but to follow the personnel rules and regulations." In plain English, Perkins would be fired at the end of his extended period of probationary employment.

Section 48-628(a)(1) provides in relevant part that an employee shall be disqualified for benefits for "the week in which he or she has left work voluntarily without good cause ... and for not less than seven weeks nor more than ten weeks which immediately follow such week...."

The first question presented is whether Perkins left his employment "voluntarily," for if he did not, the question of whether he resigned for "good cause" does not arise. School Dist. No. 20 v. Commissioner of Labor, 208 Neb. 663, 305 N.W.2d 367 (1981).

There is no doubt but that Perkins intentionally severed his employment relationship with the Equal Opportunity Commission with the objective of not...