John De St. Germain v. Employment Divisio

703 P.2d 986 (1985)

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Nature of the Case

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Facts

P worked as a health care professional for Kelly Health Care, Inc. P separated from work for that employer in June 1984. P sought unemployment compensation benefits. The employer objected. D denied benefits, stating the following 'findings of fact': '1. You were employed by Kelly Health Care from October 1981, until June 21, 1984. '2. You left work rather than comply with your employer's requirements for the position.'3. You had been notified that your behavior was not acceptable and you must modify it, but you indicated that you could, or would not do so.' P sought a hearing. The referee issued a decision that P requested removal from the live-in position of certified nursing assistant. P had been experiencing problems with kidney stones. The possibility of an attack while at work was a concern of P. The employer had an on-call coordinator to handle emergencies. P had the opportunity to continue working for the employer on day-to-day temporary assignments. P turned down the offer June 26, 1984, of the one-day assignment because of concerns regarding lifting. No contact regarding other work has been made after June 26. The referee held against P in that he voluntarily left work without good cause. D adopted the referee's opinion as its own. P appealed.