PRACTICAL VENTURES, LLC d/b/a AAA CASH FAST v. JAMES NEELY, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, AND DANYELLE A. McCULLOUGH - Articles

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Posted by: Tanja Trezise on Jun 19, 2014

Court: TN Court of Appeals

Attorneys 1:

Timothy A. Perkins, Memphis, Tennessee, for Plaintiff/Appellant Practical Ventures d/b/a AAA Cash Fast

Attorneys 2:

Robert E. Cooper, Jr., Derek C. Jumper, and Kathryn A. Baker, Nashville, Tennessee, for Defendant/Appellee Tennessee Department of Labor and Workforce Development

Judge(s): KIRBY

This is an appeal from an administrative decision on unemployment benefits. The appellee Tennessee Department of Labor and Workforce Development held that the claimant employee was “constructively discharged” and was therefore eligible for unemployment benefits. The appellant employer filed a petition for judicial review of the administrative decision. The chancery court affirmed, and the employer appeals. We hold that the doctrine of constructive discharge is inapplicable to proceedings under the unemployment compensation statutes. The facts as found by the administrative tribunal support a holding that the employee voluntarily terminated her employment. For this reason, we conclude that the administrative decision awarding benefits to the employee is not supported by substantial and material evidence and is arbitrary and capricious. Accordingly, we reverse.