Qualman v. State, Dept. of Employment

• Decision Date: 02 August 1996
• Docket Number: No. 22226,22226
• Citation: 129 Idaho 92,922 P.2d 389
• Parties: , 112 Ed. Law Rep. 465 Carol M. QUALMAN, Claimant-Appellant, v. STATE of Idaho, DEPARTMENT OF EMPLOYMENT, Defendant-Respondent. Boise, March 1996 Term
• Court: Idaho Supreme Court

Page 389

922 P.2d 389

129 Idaho 92, 112 Ed. Law Rep. 465

Carol M. QUALMAN, Claimant-Appellant, v. STATE of Idaho, DEPARTMENT OF EMPLOYMENT, Defendant-Respondent.

No. 22226.

Supreme Court of Idaho,

Boise, March 1996 Term.

Aug. 2, 1996.

Carol M. Qualman, pro se.

Alan G. Lance, Attorney General; Evelyn Thomas, Deputy Attorney General, Boise, for respondent.

McDEVITT, Chief Justice.

This is a case involving the denial of unemployment insurance benefits, based upon the Industrial Commission's (Commission) finding that the claimant failed, without good cause, to accept an offer of suitable employment. We reverse the finding of the Commission that Qualman received an offer of employment and hold that Qualman is eligible for unemployment insurance benefits.

I. FACTS AND PRIOR PROCEEDINGS

The appellant, Carol M. Qualman (Qualman), moved to the Canyon County area after her employment with the St. Maries Joint School District ended on June 10, 1994, due to the elimination of her position as a school social worker. ¹ Qualman had been employed by the St. Maries Joint School District as a school social worker from August 1988 to June 10, 1994. Qualman moved to the Canyon County area to increase her employment opportunities in social work or related fields in the school system.

Qualman applied for a position with the Glenns Ferry School District (school district) on September 23, 1994. On September 29, 1994, Qualman was interviewed by a school district principal, Mr. Cline, for an elementary school counselor position. During the interview, Cline informed Qualman that the school counselor position would involve a lot of classroom time. Qualman informed Cline that she had not been in a classroom setting much and had spent most of her counseling with individual and family groups.

On October 10, 1994, Cline called Qualman and offered Qualman a school counselor position at the rate of $25,110 per year. Cline told Qualman the position needed to be filled by October 15, 1994, or the school district would not receive funding for the school counselor position. Qualman informed Cline that Qualman had been receiving $30,000 per year in her previous position in St. Maries, she would like to earn at least $30,000 per year, and she reminded Cline that she had completed six years of work with the St. Maries School District as a school social worker, and had previously worked five years as a social worker for the Idaho Department of Health and Welfare. Cline called Qualman again on October 11, 1994, and informed Qualman that he could not offer Qualman more than $25,110 for the school counselor position. Qualman did not accept Cline's offer. Qualman had been receiving unemployment insurance benefits for fifteen weeks when she declined Cline's employment offer.

On her Idaho Continued Claim Report, for the first week ending October 8, 1994, and the second week ending October 15, 1994, Qualman informed the Idaho Department of Employment that she refused work on October 11, 1994. Qualman's handwritten explanation for refusing work stated:

October 11, 1994, Glenns Ferry School District offered me a job for about $25,000. I had worked before and earned about $30,000 and would have earned more this year. I asked to be paid for my education and experience but the District refused to pay me at least $30,000 a year which I am worth receiving for my work abilities and years of work experience.

On October 19, 1994, Qualman completed an unemployment insurance interview, explaining the circumstances of Qualman's rejection of Cline's offer of employment. Qualman stated that based upon her education and years of experience, her services were worth at least $30,000. Qualman also noted that the school counselor position would have required her to relocate out of the area she was currently living in.

On October 26, 1994, Qualman was deemed ineligible for unemployment insurance benefits, effective October 2, 1994. Qualman was determined ineligible for unemployment insurance benefits based upon the Department of Employment's finding that Qualman had A hearing before an appeals examiner was held on December 14, 1994. During the hearing Qualman stated that she refused the school counselor position based upon the salary being $5,000 less than what she would have been making in her previous job in St. Maries and the short period of time Qualman would have had to relocate to the Glenns Ferry area and start her job. ²

failed, without good cause, to accept available, suitable work. On November 9, 1994, the Department of Employment received Qualman's "Notice: Protest, Expressing My Negative Assent" (Notice), requesting the Department of Employment to redetermine its denial of unemployment insurance benefits. Qualman's challenge to the October 26, 1994 determination, was based upon the amount of salary offered, the requirement that she relocate in a short period of time, and that the job offer was outside her qualifications.

The appeals examiner issued her determination on December 30, 1994, finding Qualman had failed to accept an offer of suitable employment. The appeals examiner affirmed the Department of Employment's October 26, 1994 determination, except she denied benefits effective as of October 9, 1994, rather than on October 2, 1994. ³

Qualman appealed the appeals examiner's decision to the Commission. On May 25, 1995, the Commission issued a Decision and Order affirming the appeals examiner's December 30, 1994 decision, and January 19, 1995 Erratum. The Commission adopted the appeals examiner's findings of fact ⁴ and determined that Qualman had been offered suitable employment and failed to accept such employment. The Commission concluded that,

[a]lthough the salary offered by Cline might have made the offer unsuitable at the inception of Claimant's unemployment, we find that after fifteen weeks of unemployment, Claimant must temper the conditions and limitations she has imposed on herself. We find that the salary restriction imposed by Claimant was not reasonable in view of the length of her unemployment at the time Cline offered her the position. Therefore, we find that the work offered Claimant was suitable. Thus, we conclude that Claimant refused an offer of suitable employment, and is ineligible for unemployment insurance benefits.

Although the claimant contended that she refused the school counselor position because of the short notice, cost of moving, the type of work, the low salary, and temporary nature of the position, the Commission found that Qualman's "principle objection to the offer was the salary." The Commission relied upon the fact that Qualman "knew prior to applying for the position the start date, the distance from Nampa, and the work the

                position encompassed."   The Commission found that it was reasonable, in view of Qualman's length of unemployment, to find that the salary for the school counselor position was suitable for Qualman, and thus concluded that Qualman had "refused an offer of suitable employment, and [was] ineligible for unemployment insurance benefits." 5  Qualman appealed the Commission's decision to this Court
                

II. STANDARD OF REVIEW

When reviewing a decision of the Commission, this Court will not disturb the factual findings if they are supported by substantial and competent evidence. Laundry v. Franciscan Health Care Ctr., 125 Idaho 279, 281, 869 P.2d 1374, 1376 (1994). Substantial and competent evidence consists of relevant evidence a reasonable mind might accept as adequate to support a conclusion. Id. This Court exercises free review over questions of law. Id.; Idaho Const. art V, § 9.

The question of whether a claimant has satisfied the statutory eligibility requirements for unemployment insurance benefits is a question of fact. Clay v. BMC West Truss Plant, 127 Idaho 501, 503, 903 P.2d 90, 92 (1995); Burnside v. Gate City Steel Corp., 112 Idaho 1040, 1042, 739 P.2d 339, 341 (1987). The claimant bears the burden of showing all of the eligibility requirements have been satisfied. Burnside, 112 Idaho at 1042, 739 P.2d at 341; Owen v. Newberg Cedar, 101 Idaho 77, 78-79, 609 P.2d 144, 145-46 (1980) (holding that claimant has burden of establishing that the offered employment was not suitable work); Howard v. Department of Employment, 100 Idaho 314, 316, 597 P.2d 37, 39 (1979) ("It is well settled that the burden of proving and establishing statutory eligibility for unemployment benefits rests with a claimant."). In Burnside this Court noted that "[n]o hard or fast rule definitive of elements of proof of those requirements of benefit eligibility 'should be or perhaps could be adopted; it must depend, at least in part, upon the particular facts and circumstances as developed in each case.' " Burnside, 112 Idaho at 1042, 739 P.2d at 341 (quoting Hudson v. Hecla Mining Co., 86 Idaho 447, 452, 387 P.2d 893, 896 (1963)).

III. QUALMAN DID NOT RECEIVE AN OFFER OF SUITABLE EMPLOYMENT

Idaho Code § 72-1366 sets forth the personal eligibility conditions of a benefit claimant. The claimant must show that her "unemployment is not due to [her] failure without good cause to apply for available suitable work or to accept suitable work when offered to [her]." I.C. § 72-1366(f).

Qualman argues that she was not specifically offered the school counselor position and thus she could not have refused suitable employment, pursuant to the holding in Tackett v. Continental College of Beauty, 96 Idaho 634, 534 P.2d 464 (1975), and Laundry. We agree.

In Laundry, we recognized that I.C. § 72-1366(f) requires a " 'specific offer of employment to be tendered to a prospective employee before it can be concluded that there has been a failure by the employee to accept suitable work when offered.' " Laundry, 125 Idaho at 282, 869 P.2d at 1377 (quoting Tackett, 96 Idaho at 635, 534 P.2d at 465). In Tackett, this Court concluded that, based upon the fact that the claimant had not received an offer of employment, the claimant had...