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Pette v. State Ex Rel. Dept. of Employment12/14/1998
Appellant Wendy Pette appealed to the district court from the denial of her claim for unemployment insurance benefits. The district court certified the case to the Wyoming Supreme Court pursuant to W.R.A.P. 12.09(b).
We reverse and remand.
ISSUES
Pette presents two issues for our consideration:
I. Whether Decision of Commission
No. C-6401-97, holding that Ms. Pette is disqualified from receiving unemployment compensation benefits, because she voluntarily left her most recent work without good cause and not for a bona fide medical reason, is supported by substantial evidence?
II. Whether Ms. Pette is eligible for unemployment compensation benefits, because Decision of Commission No. C-6401-97
is arbitrary, capricious, an abuse of discretion or contrary to law, based upon the commission's failure to apply its own precedent decisions, as required by Wyoming Statute ยง 27-3-406(b)?
FACTS
Pette was employed by Appellee Tourism Promotion Joint Powers Board (the tourism board) as a convention sales manager. Her job duties included marketing the City of Cheyenne to various groups to encourage them to schedule their conventions, meetings, and conferences in Cheyenne. Pette was required to make numerous sales calls to these groups to fulfill the duties of her position.
In the summer of 1996, the tourism board hired a new executive director. In late December 1996 or early January 1997, the executive director reviewed Pette's work performance. The executive director criticized Pette's time management skills and her general attitude. Pette was directed to increase the number of sales calls she made per week from 50 to 150 and to reduce the time she spent on each call. As a result of the poor job performance review, Pette sensed that her job was in jeopardy.
Pette complained to the tourism board and the executive director that the quota of 150 sales calls per week was unreasonable; consequently, they reduced the quota to 100 sales calls per week. In February 1997, the executive director reviewed Pette's job performance for a second time. Pette had not met the sales call quota, and the executive director told her that, if she did not meet the goal by the end of March 1997, termination of her employment was a possibility.
On March 20, 1997, Pette submitted a resignation letter to the executive director and the tourism board. Her letter stated in relevant part:
After careful consideration, it is with regret that I submit my resignation as Convention Sales Manager. I have reached this decision primarily due to the recent mandate to increase sales call quotas. I have worked hard since January to meet the new requirements. The results have shown an increase in sales call productivity to an average 79 calls weekly and a considerable rise in tentative group bookings. However, this growth apparently is not enough, for it falls short of the 100 calls which you have directed. It is my firm belief that quality of work is being jeopardized in favor of quantity. The demand to produce at such a rate has been so stressful that I can no longer continue to work under this pressure on a day to day basis.
Understanding fully the importance of a smooth transition and continued momentum in this position, I will stay until April 25, 1997. After this date, I am offering my services on a weekly basis with the understanding that a one week notice of termination [will] be given by either party.
The tourism board's personnel committee met the next day. At four o'clock in the afternoon of March 21, 1997, the executive director inf
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