ID: Hospital employee terminates his employment: benefits denied--failure to show 'good cause'.
CASE FACTS: Richard Buckham was employed as dietary manager by Idaho Elk's Rehabilitation Hospital Hospital devoted to the rehabilitation of patients with various neurologic, musculoskeletal, orthopedic and other medical conditions following stabilization of their acute medical issues. from November 2000 until August of 2003. In June and July of 2003, Buckham took two leaves of absence, one to undergo a splenectomy Splenectomy Definition
Splenectomy is the surgical removal of the spleen, which is an organ that is part of the lymphatic system. The spleen is a dark-purple, bean-shaped organ located in the upper left side of the abdomen, just behind the bottom of the , and the other for back surgery. After the second surgery, he was out of work for three weeks. On July 14, 2003, when Buckham notified the hospital that his physician had completed a "Return to Work" form permitting him to return to work "with restrictions," hospital authorities informed him that they would not take him back without a "full release." The following day, Buckham's superiors composed a written reprimand REPRIMAND, punishment. The censure which in some cases a public office pronounces against an offender.
2. This species of punishment is used by legislative bodies to punish their members or others who have been guilty of some impropriety of conduct towards them. detailing various alleged failures in his work performance to present to him when he returned to work. On July 25, hospital officials contacted Buckham informing him that he could return to work Monday, July 28. On August 5, Buckham was presented with the written reprimand prepared while he was out. The reprimand styled as a "warning," criticized Buckham's work performance in a number of areas and stated that management had "lost confidence in [his] ability to do the job." When the hospital withheld the final two paychecks of a former employee until that employee located and turned in his hospital-issued name badge. Buckham contacted the Department of Labor and was informed that withholding an employee's paycheck was not legal. Buckham attempted to bring this to the attention of hospital officials, who refused to discuss it with him. On August 7, Buckham voluntarily quit. Buckham applied for unemployment benefits. His application was denied on the grounds that he had "voluntarily left his employment without good cause." Buckham appealed. A hearing was held before a Department of Labor Appeals Examiner. The Examiner affirmed af·firm
v. af·firmed, af·firm·ing, af·firms
1. To declare positively or firmly; maintain to be true.
2. To support or uphold the validity of; confirm.
v.intr. the decision denying benefits. Buckham appealed to the Industrial Commission (IC). The IC found affirmed denial of benefits. Buckham appealed.
COURT'S OPINION: The Supreme Court of Idaho affirmed the decision of the IC. The court held, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , that in order to qualify for unemployment benefits after voluntarily separating from work, a claimant CLAIMANT. In the courts of admiralty, when the suit is in rem, the cause is entitled in the Dame of the libellant against the thing libelled, as A B v. Ten cases of calico and it preserves that title through the whole progress of the suit. must demonstrate that his resignation was for "good cause connected with his employment." Although Buckham alleged conditions that created tension between himself and his former employer, acting on substantial and competent evidence Information that proves a point at issue in a lawsuit.
Competent evidence is admissible evidence in contrast to incompetent or inadmissible evidence. Cross-references
Evidence. , the court held that the IC was correct in finding that those issues did not provide Buckham with "good cause" for terminating his employment to be eligible for unemployment benefits. Buckham v. Idaho Elk's Rehabilitation Hospital, 2.005 WL 458665 P.2d -ID
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospitals Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent pre·em·i·nent or pre-em·i·nent
Superior to or notable above all others; outstanding. See Synonyms at dominant, noted.
[Middle English, from Latin prae Lawyers, Marquis Who's Who Who’s Who
biographical dictionary of notable living people. [Am. Hist.: Hart, 922]
See : Fame in American Law, and Who's Who in America.
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospitals Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, and Who's Who in America.