Opinion
No. 33566-2-II.
March 31, 2009.
Appeal from a judgment of the Superior Court for Thurston County, No. 04-2-02347-2, Gary Tabor, J., entered July 8, 2005.
Remanded by unpublished opinion per Hunt, J., concurred in by Penoyar, A.C.J., and Armstrong, J.
UNPUBLISHED OPINION
Our Supreme Court has remanded this matter to us for reconsideration in light of Spain v. Employment Security Department, 164 Wn.2d 252, 185 P.3d 1188 (2008).
Appellant Naomi Andrews-Jackson began working for the Washington State Department of Social and Health Services as a full-time social worker in February 2003. On July 16, 2004, she quit her job in order to relocate with her husband, who was transferred to California by his employer. She applied for unemployment benefits, but was denied by the Employment Security Department on August 11, 2004. The ESD found that termination of employment because of a spouse's non-military work transfer did not qualify as "good cause" under RCW 50.20.050.
An administrative law judge (ALJ) affirmed this decision. An ESD Commissioner affirmed the ALJ's decision. The Thurston County Superior Court affirmed the ESD Commissioner's decision, and we affirmed the superior court's decision. These decisions were all based solely on the premise that RCW 50.20.050(2)(b) was an exclusive list of "good cause" reasons for leaving a job.
In Spain, the Supreme Court determined that the RCW 50.20.050(2)(b) list is not exclusive, and good cause must be determined on a case-by-case basis. Accordingly, we remand to the Employment Security Department to determine, on the facts of Andrews-Jackson's case, whether she had good cause to quit her job.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
ARMSTRONG, J. and PENOYAR, A.C.J., concur.