Juarez-Galvan v. United Parcel Service, Inc. (10th Cir.,September 17, 2014) (upholding dismissal of employment discrimination and work environment claims because they should have been included in Juarez-Galvan I(Juarez-Galvan v. United Parcel Service, Inc. (10th Cir., July 22, 2014),below)) Olson v. Department of Workforce Service (Utah Ct. App., September 11, 2014) (upholding denial of benefits in […]
In a case decided on June 20, 2014, Dorsey v. DWS, 2014 UT 22, the Utah Supreme Court held that the Department of Workforce Services (DWS) had “erroneously interpreted” a statutory provision to ban seasonal employees who receive work-search deferrals from leaving the country. As in many cases as discussed in an earlier post, the unemployment […]
In Swenson v. Department of Workforce Services, the Utah Court of Appeals “[took] issue with the [Workforce Appeals] Board’s reliance on evidence that was not presented to the ALJ or given to the parties” to reverse an ALJ’s decision in an appeal of an unemployment benefits determination. Although the Court ultimately affirmed the Workforce Appeals […]
The Utah Department of Workforce Services has apparently begun a campaign of alleging that unemployment applicants are committing fraud when applying for benefits while out of the United States. Relying on Utah Administrative Code Rule R994-403-112c(2)(i), the Department of Workforce Services has claimed that any travel outside of the United States makes a person ineligible […]
In Lowery v. Workforce Appeals Board, a tattoo parlor, Happy Valley Tattoo, claiming to be a religious entity affiliated with UBU Ministries that “considered tattooing to be one of its core religious tenets,” asserted that it was exempt from Utah’s unemployment insurance statutes. Acknowledging that such an exemption exists, the Utah Court of Appeals held […]
On July 29, 2011, the Utah Court of Appeals upheld a Workforce Appeals Board determination that an employee who failed to follow his work schedule was not terminated for just cause and was, therefore eligible for unemployment. In Prosper Team, Inc. v. Department of Workforce Services, the Utah Court of Appeals stated that, although it […]
In two cases decided on Thursday, February 11th, the Utah Court of Appeals affirmed decisions of the Workforce Appeals Board. In Konan v. DWS, the Utah Court of Appeals affirmed a fraud overpayment finding against a claimant who was required to repay the amount he received and to pay a statutory penalty. The man who […]
In Issa v. DWS, the Utah Court of Appeals affirmed the decision of the Workforce Appeals Board which denied unemployment benefits to an employee who attempted to rescind his resignation. The employee had resigned his employment after he was told he would be suspended for three days while the company investigated a second customer complaint. […]
In Higgs v. DWS, the Utah Court of Appeals affirmed the Department of Workforce Services determination that a man who was on vacation in the U.S. Virgin Islands had fraudulently obtained unemployment benefits for the week of his vacation. The court rejected the man’s claims that his ignorance of the requirements of the statute should preclude […]
In Brucks v. DWS, the Utah Court of Appeals agreed with the Department of Workforce Services that an employee, who apparently was attempting to gain some concessions by approaching his field supervisor and saying he did not want to remain employed if he had to work with his immediate supervisor, had quit and was not […]
