St. Martin v. Department of Labor

Reply Brief

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The Administrative Law Judge below wrote that the Court in Kasnowski v. Department of Employment Security, 137 Vt. at 382, 406 A.2d at 389. “ruled that ‘[a] quit for something that is only a possibility and has not yet actually occurred does not justify an award for [unemployment]benefits.’”

But the “future possibility rule” is not even the holding of a prior decision of the Vermont Supremet Court. The Department was free to disregard it in applying the law to this case. It failed to do so. The Vermont Supreme Court is not obligated to follow the rationale of Kasnowski. It should decline to do so.

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Published In: Administrative Agency Updates, Labor & Employment Updates

Reference Info:Appellate Brief | State, 2nd Circuit, Vermont | United States

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Richard Cassidy
Hoff Curtis

Richard T. Cassidy has more than 30 years of experience in the practice of law in Vermont. He served... View Profile »


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