Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sladek v. Employment Appeal Board

Court of Appeals of Iowa

May 15, 2019

TERESA L. SLADEK, Plaintiff-Appellant,
v.
EMPLOYMENT APPEAL BOARD and KELLY SERVICES USA LLC, Defendants-Appellees.

          Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.

         Teresa Sladek appeals the denial of her application for unemployment benefits. AFFIRMED.

          John S. Allen, and Samuel Stender and Majed Alzben, Clinic Law Students, Iowa City, for appellant.

          Rick R. Autry, Des Moines, for appellees.

          Heard by Vogel, C.J., and Vaitheswaran and Doyle, JJ.

          VAITHESWARAN, JUDGE

         Teresa Sladek appeals the denial of her application for unemployment benefits. She challenges the Employment Appeal Board's determination that she voluntarily quit her employment with temporary services employer Kelly Services USA, LLC (Kelly) without good cause attributable to the employer.

         I. Background Facts and Proceedings

         Sladek was an employee of Kelly, a company that temporarily places employees with business clients. Kelly placed Sladek with ACT, a standardized-testing company, as a customer-care representative. Sladek could not maintain the pace, and ACT ended the assignment.

         On June 28, 2017, a senior account talent manager for Kelly telephoned Sladek to inform her that ACT released her from the assignment. According to the manager, Sladek responded by "crying," "basically yelling at" her, and hanging up on her. The manager testified Sladek "made a pretty bold statement there by hanging up on me so that I did not contact her. I waited to hear back from her."

         Sladek did not call the manager until more than one month later. She apologized for hanging up on June 28 and requested another assignment. The manager told her she "had concerns with the way that [Sladek] handled the phone call and how she hung up" on her and she did not know if she would be comfortable placing her again.

         Meanwhile, Sladek filed a claim for unemployment benefits. The Iowa Department of Workforce Development denied the claim. Sladek appealed the decision. Following a contested case proceeding, an administrative law judge affirmed the denial of benefits. Sladek filed an intra-agency appeal with the Employment Appeal Board. The board concluded "the administrative law judge's decision [was] correct" and "adopted" it "as its own." On judicial review, the district court affirmed the agency decision. This appeal followed.

         II. Voluntary Quit

         Iowa Code section 96.5(1) (2017) disqualifies a person from benefits if the person "left work voluntarily without good cause attributable to the individual's employer." The statute sets forth several exceptions ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.