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Plein v. Department of Labor6/12/2002
Md. at 403, 758 A.2d at 132-33, to one, only the latter to which that section had any applicability. He also maintains that those sections are perfectly consistent, representing "the legislature's attempt to strike a correct, delicate balance in furtherance of the purposes of unemployment insurance, such as income security, economic stimulus and stability, welfare avoidance" and other goals.
In Total Audio-Visual, the Court equated leaving employment for other employment with better pay to leaving employment to become self-employed, a circumstance that we have seen is specifically excluded as providing good cause for voluntary termination of employment. We said, more particularly: "Accepting more money and changing jobs is as much of a gamble and thus, as much of a personal matter as going into business for oneself." Id. at 403, 758 A.2d at 132. The appellant takes issue with this comparison. Instead, he sees the issue as one involving competence. While the DLLR is competent to assess the relative ranking of jobs based on an evaluation of the wages and benefits each offers, the appellant submits, it has no such competence when it comes to business plans and prospects. Thus, he argues,
"allowing benefits to those who quit for a better job is very different from allowing benefits to every would-be entrepreneur who wants to start a new business. The former represents a manageable inquiry with an objective standard: was the second job better in terms of wages and benefits? The latter would supplant the function of agencies like the U.S. Small Business Administration in providing income support to fledgling businesses."
Finally, the appellant disagrees with the Total Audio-Visual Court's interpretation of Paynter. The Total Audio-Visual Court determined that interpreting § 8-1001 as precluding a finding of good cause when an employee leaves otherwise satisfactory employment for employment paying higher wages was consistent with Paynter's good cause analysis. See 360 Md. at 400-01, 758 A.2d at 131-32. Using the same analysis, the appellant asserts that his decision to leave a small company paying a low wage and go with a national company, paying more and with the promise of future, excellent benefits, "is manifestly reasonable." He continues: "Indeed, for low-wage workers and their families, leaving low-paying jobs that do not provide benefits is not only reasonable, it is often necessary to provide for basic necessities and lift them out of poverty."
DLLR disagrees that § 8-1001 (d) supports the interpretation of § 8-1001 to preclude benefits when a claimant leaves employment for better pay, contending that such an interpretation renders that subsection surplusage, such provision disqualifying employees who quit a job to become self-employed, to accompany a spouse to a new location or to attend an educational institution not being necessary. It explains:
"The decision of these employees to leave their jobs has nothing to do with any `actions of the employing unit,' § 8- 1001 (b) (1) (ii), but rather implicates, by necessity, the `conditions of employment' prong of the disqualification statute. If the Legislature shared the Total Audio-Visual majority's interpretation that prospective events such as `future employment' lack the requisite relationship with `the conditions existing on the claimant's job,' ..., there would have been no need to specifically identify these three situations as causes or circumstances requiring disqualification for benefits. The General Assembly enumerated these situations, however, because it understood that each is `directly attributable to, arising from, or connected with ... the conditions of employment, § 8-1001 (b) (1) (i), just n
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