Schneider v. Vermont Employment Sec. Bd.
| Decision Date | 04 February 1975 |
| Docket Number | No. 62-74,62-74 |
| Citation | 333 A.2d 104,133 Vt. 187 |
| Parties | George H. SCHNEIDER v. VERMONT EMPLOYMENT SECURITY BOARD. |
| Court | Vermont Supreme Court |
Corsones & Griffin, Rutland, for George H. Schneider.
Bishop & Crowley, Rutland, for Green Mountain Businesses, Inc., d/b/a Dunkin' Donuts.
Raymond S. Fitzpatrick, Barre, for Dept. of Employment Security.
Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ. LARROW, Justice.
The appellant in this cause is Green Mountain Businesses, Inc., d/b/a Dunkin Donuts, of Rutland. It appeals from the findings and order of the Employment Security Board favorable to its employee, the claimant George H. Schneider. That board found, in agreement with previous findings of its claims examiner and its appeals referee, that the claimant was not disqualified for unemployment benefits, having left his last employing unit for good cause attributable to the employer.
The statutory provision in effect when this claim arose was contained in 21 V.S.A. § 1344(1). So far as pertinent that section read:
An individual shall be disqualified for benefits: (1) When he has left the employ of his last employing unit voluntarily without good cause attributable to such employing unit . . ..
While appellant asserts in its brief that the findings below are not supported by the evidence, it draws our attention to no specific instance of such alleged shortage. Not being briefed, this claim of error is waived. Dindo v. Denton, 130 Vt. 98, 287 A.2d 546 (1972); Appeal of Fowler, 130 Vt. 76, 288 A.2d 463 (1972). Even without benefit of this rule, an examination of the references to the record below briefed by the appellees shows the findings to have ample evidentiary support. The issues here presented are thus narrowed to whether the findings support the conclusions, and the conclusions the decision of the board.
As pointed out by then Justice Barney in Willard v. Unemployment Comp. Comm., 122 Vt. 398, 173 A.2d 743 (1961), and again in In re Gray, 127 Vt. 303, 248 A.2d 693 (1968), the object of unemployment compensation legislation is to assist members of the working force who are made jobless by operations of the economy over which they have no control, and evaluations are to be made by the fact-finding body in the light of this remedial and beneficial purpose. Under the quoted statute, an employee who leaves the employment for good cause attributable to the employer is considered to be jobless within the benefit provisions of the legislation. A decision to this effect, particularly when unchallenged as to its factual basis, must be accorded great weight in this Court.
This decision is considered to have been made, as it should be, in the light of the statutory purposes. Our review of the matter can overturn the result, in the absence of any other defects, only when the established facts do not support the result reached, or compel a different result as a matter of law. In re Gray, supra, 127 Vt. at 305, 248 A.2d at 695.
We do not consider a lengthy recitation of the facts involved here, as found, to be particularly helpful. The claimant's wife was the niece of the employer's president, who was also its operating head and substantial owner. Family relationships had...
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Braun v. Board of Dental Examiners
...479 S.E.2d 215, 217 (1997). This Court may not substitute its own judgment for that of the Board. See Schneider v. Vermont Employment Sec. Bd., 133 Vt. 187, 190, 333 A.2d 104, 106 (1975). Thus, we are concerned with the reasonableness of the Board's decision, not how we would have decided t......
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Anthony Adams AIA Architect v. Department of Employment Security, 159-80
...25, 27 (1973), and to assist those workers who become jobless for reasons beyond their control. Schneider v. Vermont Employment Security Board, 133 Vt. 187, 189, 333 A.2d 104, 105 (1975). The question of whether a person hired for a specific term voluntarily leaves at the end of that term s......
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G.F., In re, 82-051
...first instance. See In re Green Mountain Power Corp., 138 Vt. 213, 215, 414 A.2d 1159, 1160 (1980); Schneider v. Vermont Employment Security Board, 133 Vt. 187, 190, 333 A.2d 104, 106 (1975). Conversely, the legal custodian should buttress the recommendations it submits to the court by adeq......
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Donahue v. Department of Employment Sec., 351-81
...25, 27 (1973), and to assist those workers who become jobless for reasons beyond their control. Schneider v. Vermont Employment Security Board, 133 Vt. 187, 189, 333 A.2d 104, 105 (1975). Thus, since the Unemployment Compensation Act is remedial legislation, "a claimant should not be exclud......
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Ruminations
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