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Plein v. Department of Labor6/12/2002
Eldridge, Cathell and Battaglia, JJ., dissent
The issue this case presents is whether the decision of a divided Court, in Total Audio-Visual Systems, Inc. v. Department of Labor, Licensing and Regulation, 360 Md. 387, 758 A.2d 124 (2000), should be reconsidered and overruled. Having granted the petition for certiorari filed by Patrick M. Plein, the appellant, while the appeal was pending in the Court of Special Appeals, see ___ Md. ___, 790 A.2d 673, 2002 Md. LEXIS 55 (2002), and considered the arguments presented at oral argument, we decline the invitation, joined in by the appellee, Department of Labor, Licensing and Regulation, which argues, consistent with its position in that case, that Total Audio-Visual was wrongly decided, to overrule that decision and, instead, reaffirm it.
In Total Audio-Visual, this Court considered "whether, under the Labor and Employment Article, an employee is entitled to unemployment benefits on the basis of his or her employment with a previous employer where that employee voluntarily resigned a permanent and satisfactory job with that previous employer in order to take a job with another employer," 360 Md. at 390, 790 A.2d at 125, concluding that, under the circumstances of that case, the employee was not. Id. That conclusion was dictated by our interpretation of Maryland Ann. Code Lab. & Empl. ยง8-1001(1991, 1999 Repl. Vol.) and, in particular, the phrase "good cause," as therein used.
Section 8-1001, in its entirety, provides:
"(a) Grounds for disqualification. -- (1) An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that unemployment results from voluntarily leaving work without good cause.
(2) A claimant who is otherwise eligible for benefits from the loss of full-time employment may not be disqualified from the benefits attributable to the full-time employment because the claimant voluntarily quit a part-time employment, if the claimant quit the part-time employment before the loss of the full-time employment.
(b) Finding of good cause. The Secretary may find that a cause for voluntarily leaving is good cause only if:
(1) the cause is directly attributable to, arising from, or connected with:
(i) the conditions of employment; or
(ii) the actions of the employing unit; or
(2) an individual:
(i) is laid off from employment through no fault of the individual;
(ii) obtains subsequent employment that pays weekly wages that total less than 50% of the weekly wage earned in the employment from which the individual was laid off; and
(iii) leaves the subsequent employment to attend a training program for which the individual has been chosen that:
1. is offered under the Maryland Job Training Partnership Act; or
2. otherwise is approved by the Secretary.
(c) Valid circumstances. --(1) A circumstance for voluntarily leaving work is valid only if it is:
(i) a substantial cause that is directly attributable to, arising from, or connected with conditions of employment or actions of the employing unit; or
(ii) of such necessitous or compelling nature that the individual has no reasonable alternative other than leaving the employment.
(2) For determination of the application of paragraph (1)(ii) of this subsection to an individual who leaves employment because of the health of the individual or another for whom the individual must care, the individual shall submit a written statement or other documentary evidence of the health problem from a hospital
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