In re Williamson

No. 94-631 (N.H. Sup. Ct. Feb. 12, 1996). ; Clearinghouse Number: 50726

Description

Appeals Tribunal Must Consider Whether Claimant’s Part-Time Selectman Duties Are a Qualifying Limitation Restricting His Availability for Work

Abstract

The New Hampshire Supreme Court has reversed the Department of Employment Security’s decision that claimant was not available for work and therefore disqualified from receiving unemployment compensation. After being laid off from his job at a floor-cleaning company, claimant applied for unemployment benefits. He was found eligible for emergency benefits and referred for a job interview. Claimant informed the prospective employer that he preferred first- or third-shift work because his part-time commitment as a town selectman required him to attend weekly town meetings. Because of claimant refused to resign as selectman, he was not offered a job. Finding that claimant was not available for work, the department denied him benefits, and the appeals tribunal affirmed. The court found that the appeals tribunal might not have considered whether claimant’s selectman duties constituted a qualifying limitation restricting the hours of his availability. The tribunal’s decision appeared to apply a total-availability standard rejected by the court’s prior decisions concerning the "able and available" standard. It reversed the tribunal’s decision and remanded to determine (1) whether claimant had established a qualifying limitation for the restrictions he imposed on his working hours and, if so, (2) whether he could work substantially all hours and all shifts for which there was a market for his services.

Additional Information

Attorney Information
Plaintiff represented by Jonathan Baird, New Hampshire Legal Assistance, 408 Moody Bldg., Tremont Square, Claremont, NH 03743, (603) 542-8795.
Docket Date
1996-02-12 00:00:00+00:00

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