Paula A. Bortz v. Payless Drug Store

Claimant-appellant Paula Bortz appeals from an order of the Industrial Commission (the Commission), which concluded that she had voluntarily quit her employment without good cause and was ineligible for unemployment compensation benefits. Bortz had filed with the State Department of Employment (the Department) for unemployment benefits pursuant to I.C. § 72-1301 et seq. The claims examiner initially found that because Payless had discharged Bortz without proof of misconduct, Bortz was eligible for benefits. The Department later reaffirmed this. Then, at an appeal at which Bortz was not represented, the Department's appeals examiner reversed the prior decisions, finding that Bortz had voluntarily quit without good cause, and had intentionally disregarded her employer's interests, and consequently was ineligible. Bortz appealed this decision to the Industrial Commission. At the hearing before the Commission's referee, respondent Department of Employment did not appear,[Footnote 1] and Payless appeared only in the person of an employee, not in the person of counsel. The Commission affirmed the decision of the appeals examiner. This appeal followed. Defending the appeal is the Department. No brief has been filed by Payless, nor did it appear to argue orally.