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Bunger v. Employment Appeal Board

Court of Appeals of Iowa

November 22, 2017

RUSSELL BUNGER, Plaintiff-Appellant,
v.
EMPLOYMENT APPEAL BOARD, Defendant-Appellee.

         Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.

         Russell Bunger appeals the district court's affirmance of the Employment Appeal Board's denial of his request for unemployment benefits. AFFIRMED.

          Bradley M. Strouse of Redfern, Mason, Larsen & Moore, P.L.C., Cedar Falls, for appellant.

          Rick Autry of Employment Appeal Board, Des Moines, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          VAITHESWARAN, Presiding Judge.

         Russell Bunger sought judicial review of an Employment Appeal Board decision denying his claim for unemployment compensation benefits after determining he voluntary quit without good cause attributable to the employer. The district court affirmed the agency decision. This appeal followed.

         I. Agency Decision

         An administrative law judge found that Bunger worked as a part-time "sandwich artist." After his last day of work on July 12, 2013, "his availability changed." Bunger moved from Fort Dodge to Cedar Falls to attend college and "requested to be scheduled one day a month" thereafter. The ALJ further found:

[T]he employer scheduled him for one day in August 2013, but he was a no-call/no-show. The employer never heard from the claimant after July 12, 2013, until after he filed his claim for unemployment insurance benefits effective January 5, 2014. The claimant admitted that he never contacted the employer after his last work day, because he was waiting for [the] co-manager . . . to contact him when she had work available.

         The ALJ made the following determination:

The evidence in this case establishes that the claimant initiated the separation of employment. If he truly wanted to continue working, it was his duty to contact the employer to get on the schedule. Quitting to relocate and/or to go to school is presumed to be a voluntary separation without good cause attributable to the employer. See 871 IAC 24.25(2) and (26).

         In a final agency decision, a majority of the Employment Appeal Board affirmed the decision in its entirety.

         II. ...


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