 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Stutsman County v. Westereng6/8/2001
Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.
[ ] Job Service North Dakota ("Job Service") appealed the district court's remand of Job Service's decision on review which held Stutsman County's account was chargeable for its proportionate share of benefits paid to Tina Westereng, a former employee. The district court held the procedures used by Job Service did not afford Stutsman County a fair hearing to challenge the facts used by Job Service in making its decision and the decision was based on facts which were not made part of the record. We affirm the district court's remand of Job Service's decision on review.
I.
[ ] Tina Westereng was employed as a correctional center officer with Stutsman County from April 1, 1998, to April 8, 1999. Westereng voluntarily resigned her position with Stutsman County.
[ ] On October 20, 1999, Job Service issued Stutsman County a Notice of Claim for Job Insurance Benefits. The notice informed Stutsman County Westereng had filed a claim for job insurance benefits and the maximum potential charge to Stutsman County's account for the claim was $3,294.32. Stutsman County protested Job Service's notice.
[ ] A hearing was held on the issue of whether Stutsman County's account was chargeable for Westereng's benefits. The only person to testify at the hearing was the auditor of Stutsman County. In addition to information on the circumstances of Westereng's resignation from Stutsman County, the auditor testified he had heard Westereng worked for a golf course following her departure from Stutsman County; however, he did not know the circumstances of her departure from the golf course employment or if she had worked the entire season. There was no further information presented concerning Westereng's employment after leaving Stutsman County.
[ ] The appeals referee affirmed Job Service's determination Stutsman County was chargeable for Westereng's benefits. The appeals referee concluded Stutsman County was a reimbursing employer; therefore, it was required to pay benefits despite the fact Westereng left the employ of Stutsman County voluntarily. On that basis and on the basis of information in Westereng's record that she had satisfied the re-qualification provisions by earning wages in subsequent employment, the appeals referee concluded Westereng was "eligible to receive job insurance benefits provided she is unemployed through no fault of her own." Without disclosing the wage information for determining the proportionate share or the circumstances of Westereng's departure from the golf course, the appeals referee concluded a proportionate share of the job insurance benefits paid to Westereng was chargeable to Stutsman County.
[ ] Stutsman County appealed the referee's decision to Job Service, raising the issues of whether Westereng was eligible for benefits and whether Stutsman County was charged its proportionate share. Job Service affirmed the appeals referee's decision. Job Service did not disclose the information that served as the basis for determining the proportionate share stating "the amount charged is correct" because Stutsman County paid 69.618 percent of Westereng's base-period wages and $3,294.32 was 69.618 percent of Westereng's benefit amount. The information that was the basis for the 69.618 percent or the total benefit amount was not disclosed. Job Service stated Westereng's "separation from that employment was not disqualifying" and she had earnings in excess of eight or ten times her weekly benefit amount. Job Service al
Page 1 2 3 4 5 6 North Dakota Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|