Harlan L. Wilson v. Council of the Town of Chatham ( 1996 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Fitzpatrick, Overton and Senior Judge Hodges
Argued at Salem, Virginia
HARLAN L. WILSON
MEMORANDUM OPINION * BY
v. Record No. 0161-95-3 JUDGE NELSON T. OVERTON
JULY 2, 1996
COUNCIL OF THE TOWN OF CHATHAM
FROM THE CIRCUIT COURT OF PITTSYLVANIA COUNTY
B. A. Davis, III, Judge
Barbara Hudson for appellant.
Rudolph A. Shupik, Jr. for appellee.
The Virginia Employment Commission awarded benefits to
Harlan L. Wilson upon the cessation of his employment with the
Town of Chatham. The circuit court reversed the commission on
the ground that Wilson voluntarily left his employment without
good cause. We affirm the circuit court's decision.
An individual is disqualified from unemployment benefits if
he leaves work voluntarily and without good cause. Code
§ 60.2-618(1). Whether an employee voluntarily quit without good
cause is a mixed question of law and fact and is reviewable on
appeal. Virginia Employment Comm'n v. Fitzgerald, 19 Va. App.
491, 493, 452 S.E.2d 692, 693 (1995).
The evidence before the circuit court demonstrated that
Wilson left his employment voluntarily and without good cause.
"The term 'voluntary' connotes '[u]nconstrained by interference;
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
unimpelled by another's influence; spontaneous; acting of oneself
. . . [r]esulting from free choice.' An employee's intention to
quit may be discerned from words or conduct inconsistent with the
maintenance of an employer/employee relationship." Shuler v.
Virginia Employment Comm'n, 9 Va. App. 147, 150-51, 384 S.E.2d
122, 124 (1989) (citations omitted).
On February 8, 1993, Wilson told the town council that he
would be submitting his resignation that evening. He did in fact
submit a letter stating that it was his resignation. Although
the council did not formally accept the resignation at that time,
Wilson cleaned out his locker at work within the next three days.
At no time did he attempt to withdraw his resignation.
We hold that the circuit court did not err when it found
that this employee voluntarily quit his employment without good
cause.
Affirmed.
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Fitzpatrick, J., dissenting.
I respectfully dissent.
On appeal, "the findings of the [VEC] as to the facts, if
supported by evidence and in the absence of fraud, shall be
conclusive, and the jurisdiction of the court shall be confined
to questions of law." Code § 60.2-625(A); Shifflett v. Virginia
Employment Comm'n, 14 Va. App. 96, 97, 414 S.E.2d 865, 865
(1992). In the instant case, the evidence supported the
commission's finding that Wilson was terminated, and the circuit
court erred in overturning that factual determination.
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