Pedro Rivera Barriga v. Arizona Dept. of Economic Security & Precision Auto Body1 min read

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:

  1. Whether the “intolerable situation” factors provided in Arizona Administrative Code R6-3-50515(C)(2) are exhaustive.
  2. 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.
  3. Standard for “good cause” in quitting a job in the context of unemployment benefits eligibility.

DECISION:

  1. 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.”
  2. 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.
  3. 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.

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