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Frankenstein v Independent Roofing & Siding 10.65

Section 29(1)(a)

VOLUNTARY LEAVING, Good cause, Profanity.

CITE AS: Frankenstein v Independent Roofing & Siding, Delta Circuit Court No. 88-8956-AE (June 16, 1989)

Appeal pending: No.

Claimant: Terry J. Frankenstein

Employer: Independent Roofing & Siding

Docket No. B87-12977-106695W

CIRCUIT COURT HOLDING: Foul, vulgar, sexually oriented outbursts, not directed at the claimant, but tolerated by her for five years, do not constitute good cause attributable to the employer.

FACTS: Claimant worked for the employer from July 1982, until August, 1987. She resigned at that time because of what she considered the employer's "extremely foul language." The language itself did not substantively change during the period of the claimant's employment. However, the claimant perceived it was worse near the end because of what she felt was an increased frequency. During her employment the claimant had only complained about the language once.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: Upon a review of the entire record, the circuit court found that the claimant had indeed listened to foul, vulgar and sexually oriented outbursts from her employer over a period of five years. But, this language was not directed at her nor did she feel fear or sexual hostility and had only complained once during the course of her five years of employment. In light of these facts, the court found the record supported the findings of the Board of Review.


13, 4, d14: G

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