Louisiana Court of Appeal, 1970

Ball v. Administrator of the Division of Employment Security of the Department of Labor

Ball v. Administrator of the Division of Employment Security of the Department of Labor
Louisiana Court of Appeal · Decided February 3, 1970 · Ayres, Dixon, Williams
231 So. 2d 470; 1970 La. App. LEXIS 5513 (Southern Reporter, Second Series)

Ball v. Administrator of the Division of Employment Security of the Department of Labor

Opinion of the Court

DIXON, Judge.

This is an appeal in an unemployment compensation case.

The claimant was denied unemployment compensation at every stage of the proceedings. He was a common laborer doing “cemetery work” for about eleven years. While receiving unemployment compensation, he was referred to a job at P & H Tube Corporation as a common laborer at $1.75 an hour. His previous rate of pay was $1.85 an hour. The claimant did not report to P & H, and his unemployment compensation was terminated under the provisions of R.S. 23:1601(3) because he failed to apply for available work “without good cause.”

The claimant’s excuse was that he heard that a former employer was about to get *471a contract and might have work for him that would pay him $2.50 an hour.

The other job did not materialize. There was no evidence offered to show that appellant’s hope of the better job was anything more than a fond hope. This hope did not furnish a substantial or compelling reason for the appellant’s failure to accept the work offered him at P & H Tube Corporation.

The judgment of the district court is affirmed.

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