Grina v. Job Service North Dakota

2019 ND 24 (2019) · Supreme Court of North Dakota · January 15, 2019 · No. 20180284

Summary

The North Dakota Supreme Court affirmed the denial of Linda Grina's unemployment benefits. The Court held that a reasoning mind could conclude Grina voluntarily left her employment without good cause attributable to the employer and that the Job Service Bureau did not abuse its discretion by declining to consider documents submitted after the appeals referee's decision.

Holdings

  1. The evidence supported Job Service's finding that Grina voluntarily left her employment by relinquishing the program-director position, and she was therefore ineligible for unemployment benefits because she did not show good cause attributable to the employer.
  2. The Bureau did not abuse its discretion by declining to consider the emails and text message submitted after the referee's hearing and decision.
  3. The district court did not err in failing to consider the new information because Grina did not use the procedure provided by N.D.C.C. § 28-32-45 to seek supplementation of the administrative record.

Questions Presented

  1. Whether the evidence supported Job Service's determination that Grina voluntarily left her employment without good cause attributable to the employer, thereby disqualifying her from unemployment benefits.
  2. Whether the Job Service North Dakota Bureau abused its discretion by declining to consider emails and a text message submitted for the first time during Bureau review.
  3. Whether the district court erred by failing to consider Grina's newly submitted information.

Disposition

affirmed

Cases Cited (8)

  • People to Save the Sheyenne River, Inc. v. N.D. Dep't of Health, 2005 ND 104, ¶ 15, 697 N.W.2d 319(followed)
  • Von Ruden v. North Dakota Workforce Safety and Ins. Fund, 2008 ND 166, ¶ 8, 755 N.W.2d 885(followed)
  • Schweitzer v. Job Serv. North Dakota, 2009 ND 139, ¶ 15, 770 N.W.2d 238(followed)
  • Spectrum Care LLC v. Stevick, 2006 ND 155, ¶ 11, 718 N.W.2d 593(followed)
  • Hjelden v. Job Service North Dakota, 1999 ND 234, ¶ 8, 603 N.W.2d 500(followed)
  • Holiday Inn v. Karch, 514 N.W.2d 374, 376 (N.D. 1994)(followed)
  • May v. Sprynczynatyk, 2005 ND 76, ¶ 24, 695 N.W.2d 196(followed)
  • Linser v. Office of Attorney Gen., 2003 ND 195, ¶ 13, 672 N.W.2d 643(followed)

Cited In (0)

No citing cases on record yet.

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