White v. Director of the Division of Employment Security
White v. Director of the Division of Employment Security
Opinion of the Court
The claimant petitioned for judicial review of a decision of the board of review in the Division of Employment Security (board) that affirmed a decision of a hearing examiner denying the claimant unemployment compensation benefits. A judge of the Municipal Court of the City of Boston reversed the board’s decision and directed
The hearing officer made certain findings. The claimant had worked for approximately forty-five years as an “ad paster,” but had only six years seniority with his then employer when he elected to retire on December 30,1978.
From these findings, the review examiner concluded that, although not required to do so by his employer, the claimant retired, electing to take advantage of the retirement incentive. The hearing officer further concluded that the claimant should be denied unemployment benefits because he left work voluntarily and without good cause attributable to the employing unit within the meaning of G. L. c. 151A, § 25 (e) (1).
The basic difficulty with the review examiner’s report is that the report fails to deal with the essential question whether, in retiring, the claimant reasonably believed that his employment would soon be terminated if he worked beyond December 31,1978. If he reasonably believed that he was going to be discharged shortly after January 1,1979, if he stayed on, his leaving could not fairly be regarded as
There was evidence before the hearing officer on the question whether the claimant reasonably believed his discharge was imminent. The hearing officer did not adequately treat this evidence in her decision. The claimant testified that he accepted the early retirement offer because “I could see that I would be laid off.” He knew that there would be layoffs based on seniority. He thought he would be the second person laid off, based on seniority, and that close to forty people would have to go. He took the incentive rather than accepting a layoff. If the claimant believed this layoff was imminent and if that belief was reasonable, a
The judge of the Municipal Court made findings of fact consistent with the evidence summarized above and ruled in the claimant’s favor. It is, however, the function of the board and not a judge to make findings of fact in this case. Conlon v. Director of the Div. of Employment Security, ante 19, 24 (1980). Therefore, although we suspect the result ordered by the judge below may well prove to be the correct one, the decision of the judge below must be reversed, and judgment shall be entered remanding the proceedings to the Division of Employment Security for further action consistent with this opinion.
So ordered.
The review examiner’s report misstates the relevant dates. We refer to dates that the testimony shows were the correct ones.
Reference
- Full Case Name
- William F. White v. Director of the Division of Employment Security & another
- Cited By
- 3 cases
- Status
- Published