Brewster v. Rutledge, 176 W. Va. 265

Summary

The Supreme Court of Appeals of West Virginia held that an employee was not disqualified from receiving unemployment compensation after quitting in response to substantial unilateral changes in his working conditions. The court determined that increased duties without additional compensation, together with a prior wage reduction, constituted good cause involving fault on the employer's part under West Virginia Code § 21A-6-3(1). The court reversed the circuit court and remanded with instructions to award unemployment benefits.

Holdings

1. A substantial unilateral change in the terms and conditions of employment, including increased duties without increased compensation and a substantial wage reduction, may constitute good cause involving fault on the part of the employer and justify an employee's resignation without disqualification from unemployment compensation benefits.
2. The plainly wrong doctrine applies to the Board of Review's factual findings but not to its conclusions of law.
3. Brewster did not quit voluntarily without good cause involving fault on the part of the employer within the meaning of W. Va. Code § 21A-6-3(1), and he was entitled to unemployment compensation benefits as provided by law.

Questions Presented

1. Whether Brewster's resignation was voluntary without good cause involving fault on the part of the employer under W. Va. Code § 21A-6-3(1).
2. Whether substantial unilateral changes in compensation and job duties may constitute good cause for quitting and prevent disqualification from unemployment benefits.
3. Whether the plainly wrong standard governs the Board of Review's legal conclusion that Brewster was disqualified from benefits.

Disposition

reversed_and_remanded