Kasnowski v. Dep't of Emp. Sec., 406 A.2d 388 (Vt. 1979). · Go Syfert
Kasnowski v. Dep't of Emp. Sec., 406 A.2d 388 (Vt. 1979). Cases Citing This Book View Copy Cite
57 citation events (29 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jennifer Parmelee v. Department of Labor (Bridge School, Lnc.) (2×) also: Cited "see"
Vt. · 2023 · quote attribution · 1 verbatim quote · confidence high
weight, credibility and persuasive effect are for the trier of fact.
cited Cited as authority (rule) Ronald Whitmore v. Department of Labor (Global Foundries US 2 LLC)
Vt. · 2023 · confidence medium
Sec., 137 Vt. 380, 382 (1979).
cited Cited as authority (rule) John Tansey v. Dept. of Labor (Mount Snow Ltd., Employer)
Vt. · 2017 · confidence medium
“Weight, credibility and persuasive effect are for the trier of fact.” Kasnowski v. Dep’t of Emp’t Sec., 137 Vt. 380, 381 (1979).
discussed Cited as authority (rule) Bernice Singley v. Department of Labor (World Learning, Inc., Employer)
Vt. · 2012 · confidence medium
We have explained that “a quit for something that is only a future possibility and has not actually yet occurred does not justify the award of benefits.” Kasnowski v. Dep’t of Emp’t Sec., 137 Vt. 380, 390 (1979).
discussed Cited as authority (rule) St. Martin v. Department of Labor
Vt. · 2012 · confidence medium
The Board based its decision entirely on Kasnowski v. Department of Employment Security, which stated that “a quit for something that is only a future possibility and has not actually yet occurred does not justify the award of benefits.” 137 Vt. 380, 382 , 406 A.2d 388, 390 (1979). ¶ 5.
discussed Cited as authority (rule) Marion Sibley v. Dept of Labor (Eric Seyferth, M.D., Employer)
Vt. · 2011 · confidence medium
More significantly, as the Board recognized, we have held that “a quit for something that is only a future possibility and has not actually yet occurred does not justify the award of benefits.” Kasnowski v. Dep’t of Emp’t Sec., 137 Vt. 380, 382 (1979); see also Hamilton v. Dep’t of Emp’t Sec., 139 Vt. 326, 329 (1981) (recognizing “that an employer allowing an employee the alternatives of ‘shaping up or shipping out’ does not provide support for concluding that a resignation is coerced”).
examined Cited as authority (rule) Bombard v. Department of Labor (4×) also: Cited "see"
Vt. · 2010 · confidence medium
Rushlow, 144 Vt. at 331 , 476 A.2d at 141 (“a quit for anticipatory reasons is not good cause attributable to the employer” (citing Kasnowski v. Dep’t of Emp’t See., 137 Vt. 380, 382 , 406 A.2d 388, 389 (1979)).
discussed Cited as authority (rule) Howard v. Department of Employment & Training
Vt. · 1990 · signal: cf. · confidence medium
Caledonian Record Publishing Co. v. Department of Employment & Training, 151 Vt. at 260 , 559 A.2d at 681 ; Pfenning v. Department of Employment & Training, 151 Vt. 50, 52 , 557 A.2d 897, 898 (1989); cf. Santwire v. Department of Employment & Training, 148 Vt. 142, 143 , 530 A.2d 571, 572 (1987) (quoting Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979)) (“findings will not be disturbed on appeal unless, ‘considered as a whole, there is no evidence to support the decision’”).
discussed Cited as authority (rule) Santwire v. Department of Employment & Training
Vt. · 1987 · confidence medium
The standard of review applicable in unemployment compensation cases is that the findings will not be disturbed on appeal unless, “considered as a whole, there is no evidence to support the decision.” Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Rushlow v. Department of Employment & Training
Vt. · 1984 · confidence medium
In Kasnowski v. Department of Employment Security, 137 Vt. 380, 382 , 406 A.2d 388, 389 (1979), we held that a quit for anticipatory reasons is not good cause attributable to the employer.
cited Cited as authority (rule) Miner v. Department of Employment & Training
Vt. · 1984 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Cook v. DEPARTMENT OF EMPLOYMENT AND TRAINING
Vt. · 1983 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
discussed Cited as authority (rule) Hill v. Department of Employment Security
Vt. · 1982 · confidence medium
A review of the record convinces us that the findings needed to support the Board’s conclusions find support in the evidence____ Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979) (citation omitted).
cited Cited as authority (rule) Allen v. Department of Employment Security
Vt. · 1982 · confidence medium
E.g., Whitchurch v. Department of Employment Security, 139 Vt. 566, 570 , 433 A.2d 284, 287 (1981); Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Healey v. Department of Employment Security
Vt. · 1981 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Spaulding v. Department of Employment Security
Vt. · 1981 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 382 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Whitchurch v. Department of Employment Security
Vt. · 1981 · confidence medium
Darrel v. Department of Employment Security, 138 Vt. 549, 551 , 420 A.2d 864, 865 (1980); Kasnowski v. Department of Employment Security, 187 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
discussed Cited as authority (rule) Hamilton v. Department of Employment Security
Vt. · 1981 · confidence medium
Although this Court will not disturb the findings of the Employment Security Board “unless, considered as a whole, there is no evidence to support the decision,” Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979), we are mindful that the conclusions of the Board must be supported by the findings of fact.
cited Cited as authority (rule) Darrel v. Department of Employment Security
Vt. · 1980 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
cited Cited as authority (rule) Johnson v. Department of Employment Security
Vt. · 1980 · confidence medium
Kasnowski v. Department of Employment Security, 137 Vt. 380, 381 , 406 A.2d 388, 389 (1979).
Retrieving the full opinion text from the archive…
Chester Kasnowski
v.
Department of Employment Security
192-78.
Supreme Court of Vermont.
Sep 10, 1979.
406 A.2d 388
James C. May, Vermont Legal Aid, Inc., Springfield, for Plaintiff., Michael F. Ryan and Brooke Pearson, Montpelier, for Defendant.
Larrow, Barney, Daley, Lar, Hill, Smith.
Cited by 21 opinions  |  Published
Larrow, J.

Claimant Kasnowski appeals from a determina[*381] tion of the Employment Security Board disqualifying him from unemployment compensation benefits under 21 V.S.A. § 1344(a) (2) (A) as having left his last employing unit voluntarily without good cause attributable to such employing unit. He challenges some of the findings below as unsupported, and asserts that even if supported they do not support the Board’s conclusion. We disagree and affirm.

Appellant makes a forceful argument with respect to the evidence before the Board, which might even be persuasive were we the triers of fact in the first instance. But we are not, and, as we have many times indicated, we will not disturb the findings of the Board unless, considered as a whole, there is no evidence to support the decision. LaFountain v. Vermont Employment Security Board, 133 Vt. 42, 46, 330 A.2d 468, 471 (1974). Weight, credibility and persuasive effect are for the trier of fact. A review of the record convinces us that the findings needed to support the Board’s conclusions find support in the evidence, although sharply contradicted and, on some nonessential particulars, substantially discredited.

The findings which bear directly upon the Board’s decision may be summarized to delineate the point in issue. Claimant was a seasonal employee, assistant chef trainee at the Nordic Inn, Inc., in Londonderry during the 1976-77 season. He was laid off in the spring of 1977 for lack of work. He was reemployed for the 1977-78 season in August, 1977, under an oral work agreement, as assistant chef. He agreed to longer work hours, not defined, during high volume periods. His “understanding” of what these meant was based upon his previous season’s experience. The precise terms of the agreement were disputed, but the Board found on credible evidence that he agreed to “long hours” at periods of high business volume, including Christmas and Washington’s Birthday weekends. From Christmas 1977 through New Year’s, 1978, claimant worked 55% hours for his employer, plus some six hours on New Year’s Eve for another employer. On New Year’s Day, he had a discussion about being tardy on two occasions and his employer’s expectation of “long hours.” He stated that he needed seven hours sleep between shifts, and was told he could not be guaranteed this over Washington’s[*382] Birthday. He then requested his pay check immediately and said he was leaving. During the Christmas rush period he had had the minimum sleep time he requested.

The Board concluded there was no established breach of hiring agreement, that claimant’s concern over future hours was speculative and unjustified, that his concern over his health was unreasonable, that he chose to quit for speculative personal reasons, and that he was accordingly subject to the statutory disqualification. We agree.

Although Albin v. Department of Employment Security, 134 Vt. 120, 352 A.2d 678 (1976), is distinguishable, this case presents a clear corollary to the rule laid down therein. In Albin we refused to disqualify a claimant for benefits when he was fired merely for anticipatory misconduct, refusal to work future overtime contrary to the terms of employment. We quite clearly laid down the requirement that, for misconduct to be attributable to an employee, it must be more than anticipatory misconduct; it must be present and actual. So in the instant case, with equal logic and justice, a quit for something that is only a future possibility and has not actually yet occurred does not justify the award of benefits. As in Albin, it may well never occur; a fortiori from Albin it is not even shown here that it would be an unreasonable breach of the hiring agreement if it did occur. In this situation the quit was voluntary and for personal reasons not attributable to the employer.

Claimant also urges error in the action of the appeals referee in limiting the scope of examination with respect to the terms of his previous year’s employment, arguing that he based his understanding of his second employment upon those requirements. Since the agreement itself, and not just claimant’s understanding of it, is the material point for determination, prejudice from the error, if any, is not demonstrated. No discussion of the previous agreement was shown, and it also appeared that during the prior year claimant was only á trainee, without prior experience.

No error appears, and the judgment must be affirmed.

Judgment affirmed.