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Latresha Scottv.Mark Butler, Commissioner, Georgia Department Of Labor et al.

CourtCourt of Appeals of Georgia
Docket No.A14A0105
DecidedJune 4, 2014
Reporter327 Ga. App. 457, 759 S.E.2d 545
JudgesFirst Division: Chief Judge Phipps, Presiding Judge Ellington, and Judge McMillian; Ellington authored the opinion; Phipps concurred and McMillian concurred in the judgment only
Tags
CivilEmployment LawAdministrative LawGovernment LawStatutory InterpretationDomestic DreadMotion to DismissReversalRemandTales From the Crypt
Case Summary

At an unemployment-benefits hearing, Scott testified that an abusive former boyfriend had stalked and threatened her, confronted her at work and home, and created a serious risk of violence. After he discovered where she worked, she moved to a confidential domestic-violence shelter, took leave, and resigned when the danger continued; an expert described the risk to Scott, coworkers, customers, and shelter residents. The hearing officer denied benefits as a personal quit, and the Board of Review and superior court affirmed. The Court of Appeals held that a reasonable probability of third-party violence at work can constitute good cause connected with employment, even when the employer did not create the danger. Applying the statute’s public-policy purpose to the circumstances, the court concluded Scott met her burden and reversed the lower court’s decision to uphold the benefits denial. It remanded for further proceedings necessary to comply with the opinion and held Scott’s remaining enumeration of error moot. Chief Judge Phipps concurred; Judge McMillian concurred in the judgment only.

Opinion

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