METRO GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY v. TENNESSEE DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, ET AL. - Articles

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METRO GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY v. TENNESSEE DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, ET AL.

Posted by: Tanja Trezise on Nov 13, 2014

Court: TN Court of Appeals

Attorneys 1:

Saul Solomon, Director of Law; and J. Brooks Fox and Christopher M. Lackey, Assistant Metropolitan Attorneys, Nashville, Tennessee, for the appellant, The Metropolitan Government of Nashville and Davidson County, Tennessee on behalf of The Metropolitan Board of Public Education.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and Kathryn A. Baker, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Department of Labor and Workforce Development, Rutherford County Board of Education, and Cortnei S. Lewis.

Judge(s): DINKINS

A substitute teacher filed a claim for unemployment benefits with the Tennessee Department of Labor and Workforce Development; utilizing the partial unemployment regulation to determine the claimant’s eligibility for benefits, the Department approved the claim and awarded benefits. The Board of Education filed a petition for review, contending that the teacher was not entitled to benefits because she was still employed and because she had refused work assignments which she had been offered; the trial court utilized the regulation applicable to part total unemployment and affirmed the Department’s decision. We affirm the holding that the part total regulation was the proper regulation to be used in determining the claimant’s eligibility; because the Department did not make findings as to certain statutory factors in determining claimant’s eligibility for benefits, we vacate the decision and remand the case for further proceedings.

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