Dolores v. State
Dolores v. State
Opinion of the Court
In this appeal, we consider whether submitting a resignation when faced with a resign-or-be-fired option is a voluntary resignation under NRS 612.380, thereby disqualifying an individual from unemployment benefits. We hold that where the record shows that the appellant's decision to resign was freely given and stemming from his own choice, such a resignation is voluntary pursuant to NRS 612.380. Accordingly, we affirm the district court's decision to deny judicial review.
FACTS AND PROCEDURAL HISTORY
Appellant Eugenio Dolores filed an appeal after respondent, the Employment Security Division (ESD), denied his claim for unemployment benefits under NRS 612.380. Dolores worked at the airport as a ground agent for Southwest Airlines for over seven years. The Transportation Security Administration (TSA) requires airport employees to wear a Security Identification Display Area (SIDA) badge, which must be renewed every year. In July 2015, TSA altered its SIDA badge policy and, under this new policy, TSA improperly confiscated Dolores's badge based on a misunderstanding of a previous criminal conviction.
*261Dolores contested this revocation, and his employer, Southwest Airlines, granted him ten days' leave to resolve the matter. When this time lapsed and Dolores had not been reissued a SIDA badge, Southwest informed Dolores that he could either resign or he would be fired. Dolores subsequently submitted a letter of resignation.
Dolores proceeded to file a claim for unemployment insurance benefits with ESD. An ESD claims adjudicator denied Dolores's claim based on NRS 612.380, stating that Dolores resigned from his "employment in anticipation of being discharged or laid off" and therefore voluntarily resigned. Dolores appealed the decision. An administrative referee ultimately denied the claim, finding that Dolores voluntarily resigned under NRS 612.380. Dolores appealed the referee's decision to the Board of Review, which affirmed the referee's decision. Dolores then filed a petition for judicial review in district court, which was denied. Dolores now appeals to this court.
DISCUSSION
Dolores argues that pursuant to NRS 612.380, his resignation was not voluntary and was for good cause because he was told he could resign or be fired. We disagree.
Dolores voluntarily resigned
First, we address whether Dolores voluntarily resigned under NRS 612.380. "This court reviews questions of statutory construction and the district court's legal conclusions de novo. In interpreting a statute, this court will look to the plain language of its text and construe the statute according to its fair meaning and so as not to produce unreasonable results." I. Cox Constr. Co.,LLC v. CH2 Invs., LLC,
Because Nevada has not yet addressed unemployment benefits in the "resign-or-be-fired" context, we look to how other jurisdictions have addressed the issue. In Thomas v. District of Columbia Department of Labor, the Court of Appeals for the District of Columbia held that in a quit-or-be-fired situation, "it is not proper to take such a quit, tendered in lieu of termination, out of its context and regard it as dispositive on the issue of voluntariness for unemployment benefits determination purposes."
The Minnesota Court of Appeals, however, has held that "[w]hen an employee, in the face of allegations of misconduct, chooses to leave his employment rather than exercise his right to have the allegations determined, such action supports a finding that the employee voluntarily left his job without good cause." Ramirez v. Metro Waste Control Comm'n,
Like the claimants in the aforementioned cases, Dolores resigned when presented a resign-or-be-fired option. While the Minnesota cases involved employees who almost certainly would have been terminated for misconduct had they not resigned, and thus are not entirely factually analogous, we conclude that the legal analysis from the Minnesota Court of Appeals is most applicable and adopt it here. Accordingly, we hold that an employee presented with a decision to either resign or face termination voluntarily resigns under NRS 612.380 when the employee submits a resignation rather than exercising the right to have the allegations resolved through other available means.
Dolores submitted his unequivocal resignation letter when he faced termination for failing to obtain the SIDA badge required for his job. Although the TSA's application of its policy may have been incorrect, Dolores consciously chose to resign rather than wait and resolve the issue through the union or explore other options. Edwards v. Indep. Servs .,
Dolores lacked good cause to resign
Second, we consider whether Dolores had good cause to resign. Dolores argues that TSA's new SIDA badge requirements were a substantial change in his working conditions, constituting good cause for him to resign. Dolores argued below that he had good cause to resign because he had no "reasonable alternatives" to resignation; he did not, however, argue a theory of substantial change in his working conditions. Issues not argued below are "deemed to have been waived and will not be considered on appeal." Old Aztec Mine, Inc. v. Brown ,
As we have noted above, Dolores considered many factors when deciding to resign rather than face termination, and he elected to not pursue other options that could have allowed him to maintain his employment. We therefore conclude that substantial evidence supports the appeals referee's determination that Dolores lacked good cause to resign, which rendered him ineligible for unemployment benefits. NRS 612.380 ; Edwards v. Indep. Servs.,
CONCLUSION
Accordingly, for the reasons set forth above, we affirm the district court's order denying Dolores's petition for judicial review for unemployment benefits.
*263We concur:
Douglas, C.J.
Hardesty, J.
Pickering, J.
Parraguirre, J.
Stiglich, J.
I concur in the result only.
Cherry, J.
Reference
- Full Case Name
- Eugenio DOLORES v. The STATE of Nevada, EMPLOYMENT SECURITY DIVISION Renee Olson, in her capacity as Administrator of the Employment Security Division and Katie Johnson, in her capacity as Chairperson of the Employment Security Division Board of Review
- Cited By
- 2 cases
- Status
- Published