Arizona Supreme Court: No. CV-22-0231-PR Filed January 26, 2024
Pedro Rivera Barriga v. Arizona Department of Economic Security and Precision Auto Body, LLC
ISSUES:
- Whether the “intolerable situation” factors provided in Arizona Administrative Code R6-3-50515(C)(2) are exhaustive.
- Whether A.R.S. § 41-1993(B) bars a party from raising an issue that was not included in the petition for review before the Appeals Board.
- Standard for “good cause” in quitting a job in the context of unemployment benefits eligibility.
DECISION:
- The court held that the factors listed in R6-3-50515(C)(2) are not exhaustive and may include “inharmonious relations” among employees that create conditions “so unpleasant that remaining at work would create an intolerable work situation.”
- The court did not directly address the scope of A.R.S. § 41-1993(B), as it found that Barriga had failed to preserve his health-related claim at the administrative level. However, the court noted potential due process concerns with the statute’s limited scope of review and urged the legislature to address this issue.
- The court affirmed that to establish good cause for quitting, a worker must attempt to adjust their grievance prior to leaving by informing the employer of the precise nature of the complaint and giving the employer a reasonable opportunity to investigate and decide whether corrective measures are needed.