Metro Government of Nashville & Davidson County v. Tennessee Department of Labor & Workforce Development, et al

Case Number
M2013-01551-COA-R3-CV

A substitute teacher filed a claim for unemployment benefits with the Tennessee Department of Labor and Workforce Development; utilizing the partial unemployment regulation to determine the claimant’s eligibility for benefits, the Department approved the claim and awarded benefits. The Board of Education filed a petition for review, contending that the teacher was not entitled to benefits because she was still employed and because she had refused work assignments which she had been offered; the trial court utilized the regulation applicable to part total unemployment and affirmed the Department’s decision. We affirm the holding that the part total regulation was the proper regulation to be used in determining the claimant’s eligibility; because the Department did not make findings as to certain statutory factors in determining claimant’s eligibility for benefits, we vacate the decision and remand the case for further proceedings.

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Chancellor Claudia Bonnyman
Case Name
Metro Government of Nashville & Davidson County v. Tennessee Department of Labor & Workforce Development, et al
Date Filed
Dissent or Concur
No
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