../../West Educational Publishing

No Unemployment Benefits for Terminated Employee Who Refused New Job Assignment
Description South Dakota high court held that an employee whose position was eliminated in a company reorganization, but was then offered another job, was not eligible for unemployment benefits because there was no good cause for not accepting the new position.
Topic Employment Law
Key Words Unemployment Insurance; Good Cause
C A S E   S U M M A R Y
Facts Reetz worked for a nursing home for many years. She was told that because of a restructuring of her company, her job would be eliminated, but was asked to apply for other positions. Because of things she saw and heard about the restructuring, she believed she was not really wanted and did not apply for another position. Later, she met with a supervisor and was offered another position, which she rejected. She applied for unemployment insurance benefits. The issue that was eventually appealed to the South Dakota high court was whether she quit with good cause.
Decision Reetz is not due unemployment benefits because she did not quit with good cause. She refused continued employment. When an employee rejects suitable work, the employee may not be awarded unemployment insurance benefits. The fact that she saw paperwork and heard discussions about the reorganization of the company that she did not like has little bearing. She was offered another job and the employer made efforts to accommodate her time and wage requirements.
Citation Reetz v. Lutheran Health Systems, 611 N.W.2d 230 (Sup. Ct., S.D., 2000)

Back to Employment Law Listings

©1997-2001  South-Western, a division of Cengage Learning, Inc. Cengage Learning is a trademark used herein under license.