Unemployment Appeals

Utah Supreme Court 
  1. Sawyer v. Department of Workforce Services (Utah, February 6, 2015) (establishing, for purposes of quitting for good cause, the proper standard of review for determining whether a reasonably prudent employee would quit in order to avoid a potential termination)
  2. Dorsey v. Department of Workforce Services (Utah, June 20, 2014) (affirming the determination that the administrative rule was inapplicable that made one who has been out of the United States for more than two weeks ineligible for unemployment benefits despite not being required to search for work as a precondition for such benefits) (Note: the Court based its ruling on the administrative rule's inconsistency with the empowering statute.  The legislature has, however,passed legislation endorsing the regulatory position)
  3. Carbon County v. Workforce Appeals Board (Utah, July 9, 2013) (affirming entitlement to unemployment benefits despite allegations of conduct violating universal standards of behavior)
Utah Court of Appeals
  1. Gibson v. Department of Workforce Services (Utah Ct. App., June 29, 2017) (declining to disturb appeals board's determination that Gibson quit his position without good cause, making him ineligible for unemployment benefits)
  2. Doxon v. Department of Workforce Services (Utah Ct. App., January 26, 2017) (declining to disturb denial of unemployment benefits because Doxon voluntarily  quit her job without good cause)
  3. Migenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)
  4. Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board's decision that Winkler was not entitled to benefits and requiring her to pay back benefits received, because she failed to show any impropriety in the Board's "considerable discretion")
  5. Fallstrom v. Department of Workforce Service (Utah Ct. App., February 4, 2016) (declining to disturb the board's determination that Fallstrom was ineligible for unemployment benefits because he quit his job voluntarily, without good cause)
  6. Neckel v. Department of Workforce Services (Utah Ct. App., December 3, 2015) (upholding denial of unemployment benefits because substantial evidence supported the Board’s factual determinations and the decision fell within the bounds of reasonableness and rationality)
  7. Sivulich v. Department of Workforce Services (Utah Ct. App., April 23, 2015) (affirming denial of unemployment benefits for failure to properly present and support his position)
  8. Davis v. Department of Workforce Services (Utah Ct. App., April 16, 2015) (upholding DWS denial of unemployment insurance benefits because Davis had been discharged for cause)
  9. Preferred Hot Oil, LLC, v. Department of Workforce Services (Utah Ct. App., April 9, 2015) (declining to disturb the DWS Board's determination that claimant was discharged by Preferred Hot Oil as a reduction in force) 
  10. Evolocity v. Department of Workforce Services (Utah Ct. App., March 19, 2015) (declining to disturb DWS determination that Deabra Colbert was discharged without just cause and therefore entitled to unemployment benefits)
  11. Evolocity v. Department of Workforce Services (Utah Ct. App., March 19, 2015) (upholding DWS determination that Deabra Colbert was an employee of Evolocity and not an independent contractor, despite contractual language to the contrary.)
  12. Dhedhy v. Department of Workforce Services (Utah Ct. App., December 18, 2014) (declining to disturb DWS determination that Dhedhy voluntarily quit her job and was not entitled to unemployment benefits)
  13. Brehm v. Department of Workforce Services (Utah Ct. App., November 28, 2014) (upholding Board's just cause analysis in its determination that Brehm could not properly receive unemployment benefits.  Discusses the just-cause and bounds-of-reasonableness-and-rationality analyses.)
  14. Gourley v. Department of Workforce Services (Utah Ct. App., November 28, 2014) (refusing to disturb board determination that Gourley had fraudulently received unemployment benefits and imposing repayment and civil penalty)
  15. Miles v. Department of Workforce Services (Utah Ct. App., November 20, 2014) (upholding determination that the Board lacked jurisdiction because petition was untimely filed)
  16. Mulholland v. Department of Workforce Services (Utah Ct. App., November 14, 2014) (affirming denial of benefits because petitioner voluntarily quit without good cause)
  17. Law v. Department of Workforce Services (Utah Ct. App., October 23, 2014) (affirming denial of benefits because petitioner quit voluntarily alleging coworkers were using drugs, but he failed to report this until later)
  18. Hansen v. Department of Workforce Services (Utah Ct. App., October 2, 2014) (reversing & remanding denial of benefits based on ineligibility for the training exemption)
  19. Olson v. Department of Workforce Service (Utah Ct. App., September 11, 2014) (upholding denial of benefits in connection with termination for falling asleep)
  20. Yarrington v. Department of Workforce Services (Utah Ct. App., September 11, 2014) (upholding Workforce Appeals Board's denying unemployment benefits and requiring repayment)
  21. Anderson v. Department of Workforce Services (Utah Ct. App., June 26, 2014) (upholding dismissal of untimely appeal)
  22. Steinhauer v. Department of Workforce Services (Utah Ct. App., May 30, 2014) (upholding denial of unemployment benefits based upon claimant's failure to perform available work)
  23. BMS Limited 1999, Inc., v. Dept. of Workforce Services (Utah Ct. App., May 22, 2014) (upholding determination that respondent had been an employee, eligible for benefits, rather than an independent contractor)
  24. Stauffer v. Department of Workforce Services (Utah Ct. App., March 20, 2014) (upholding denial of unemployment benefits to independent contractor)
  25. Anderson v. Dept. of Workforce Services (Utah Ct. App., February 21, 2014) (discussion of factors necessary to deny unemployment benefits to an employee discharged for workplace crime)
  26. Carlos v. Dept. of Workforce Services (Utah Ct. App., November 21, 2013) (claimant bail bond producer ineligible for unemployment benefits as an insurance agent)
  27. Spencer Law Office v. Department of Workforce Services (Utah Ct. App., May 31, 2013) (“not every legitimate cause for discharge justifies a denial of [unemployment] benefits." Overview of elements of "just cause" for discharge.)
  28. Peyton v. Department of Workforce Services (Utah Ct. App., May 23, 2013) (upholding finding of termination for cause and, thus, ineligibility for benefits)
  29. Johnson v. Department of Workforce Services (Utah Ct. App., May 9, 2013) (upholding denial of benefits, Johnson voluntarily quit without good cause)
  30. Hasratian v. Department of Workforce Services (Utah Ct. App., March 28, 2013) (upholding determination Hasratian was not entitled to benefits because of fraud)
  31. Levier v. Dept. of Workforce Services (Utah Ct. App., March 21, 2013) (citing Dorsey (q.v., below) in setting aside denial of benefits based upon Levier's being out of the country)
  32. Kendell v. Dept. of Workforce Services (Utah Ct. App., March 21, 2013) (citing Dorsey (q.v., below) in setting aside denial of benefits based upon Kendell's being out of the country)
  33. Anderson v. Dept. of Workforce Services (Utah Ct. App., March 14, 2013) (denial of benefits proper, based on absence of good cause for voluntary resignation as defined in the relevant administrative rules, the equity and good conscience standard notwithstanding)
  34. Munoz v. Dept. of Workforce Services (Utah Ct. App., February 22, 2013) (substantial evidence of good cause for dischargeviolation of safety policies)
  35. Durbin v. Dept. of Workforce Services (Utah Ct. App., February 22, 2013) (substantial evidence of good cause for discharge: tardiness and absence)
  36. Lewis v. Dept. of Workforce Services (Utah Ct. App., December 28, 2012) (analysis of conditions necessary for benefits despite voluntarily quitting. UAC Rule 994-405)
  37. Dorsey v. Dept. of Workforce Services (Utah Ct. App., December 20, 2012) (setting aside determination of ineligibility for benefits because Dorsey was not in the Country; the Court found the board's ineligibility presumption improperly went beyond its mandate under governing statute)
  38. Morris v. Dept. of Workforce Services (Utah Ct. App., December 20, 2012) (upholding determination that Morris fraudulently obtained benefits)
  39. Ranae Nicol v. Dept. of Workforce Services (Utah Ct. App., December 20, 2012) (upholding Workforce Appeals Board's denial of benefits based on her discharge for just cause)
  40. Latorre v. Dept. of Workforce Services (Utah Ct. App., October 12, 2012) (upholding rejection of timely appeal)
  41. Roberts v. Dept. of Workforce Services (Utah Ct. App., October 4, 2012) (upholding assessment of fraudulently obtained overpayment and statutory penalty)
  42. Syed v. Department of Workforce Services (Utah Ct. App., September 20, 2012) (upholding denial of benefits on a discharge for cause (theft))
  43. Daybell v. Dept. of Workforce Services (Utah Ct. App., August 16, 2012) (upholding board decision  requiring repayment of unemployment benefits and civil penalties for fraud)
  44. Provo City v. Dept. of Workforce Services (Utah Ct. App., August 16, 2012) (upholding board determination granting unemployment compensation to terminated city employee)
  45. Adams v. Dept. of Workforce Services (Utah Ct. App., August 16, 2012) (affirming ineligibility for unemployment benefits on grounds of insufficient efforts to seek employment)
  46. Hoskins v. Dept. of Workforce Services (Utah Ct. App., August 9, 2012) (affirming denial of unemployment benefits and imposing penalties for fraud on grounds of failure to provide records)
  47. Atamanczyk v. Dept. of Workforce Services (Utah Ct. App., July 27, 2012) (upholding the board's denial of unemployment benefits because he refused to accept a suitable, available offer of employment)
  48. Erickson v. Workforce Appeals Board (Utah Ct. App., July 19, 2012) (upholding board's determination that petitioner was ineligible for benefits as a result of fraud)
  49. Davis v. Dept. of Workforce Services (Utah Ct. App., June 1, 2012) (upholding board denial of unemployment and unemployment insurance benefits because petitioner voluntarily quit his job)
  50. Nave v. Dept. of Workforce Services (Utah Ct. App., June 1, 2012) (upholding board denial of unemployment benefits because Nave quit his job voluntarily without good cause)
  51. Colquitt v. Dept. of Workforce Services (Utah Ct. App., June 1, 2012) (refusing to disturb the board's finding that the petitioner was not credible)
  52. Tomlinson v. Dept. of Workforce Services (Utah Ct. App., May 17, 2012) (termination for fraud goes unchallenged because appeal was untimely)
  53. Stanley v. Dept. of Workforce Services (Utah Ct. App., May 10, 2012) (upholding board decision that it lacked jurisdiction over a significantly untimely appeal)
  54. Ordonez v. Dept. of Workforce Services (Utah Ct. App., May 10, 2012) (affirming denial of unemployment benefits as supported by substantial evidence in light of the whole record)
  55. Vijil v. Department of Workforce Services (Utah Ct. App., March 15, 2012) (upholding denial of benefits for just-cause discharge)
  56. Giles v. Department of Workforce Services (Utah Ct. App., March 15, 2012) (untimely appeal)
  57. Wight v. Department of Workforce Services (Utah Ct. App., March 8, 2012) (untimely appeal of finding of fraud)
  58. Swenson v. Department of Workforce Services (Utah Ct. App., Jan. 26, 2012) (lack of jurisdiction over untimely appeal)
  59. Carbon County v. Department of Workforce Services (Utah Ct. App., January 6, 2012) (affirming entitlement to unemployment benefits despite allegations of conduct violating universal standards of behavior)
  60. Correa v. Department of Workforce Services (Utah Ct. App. Oct. 27, 2011) (unemployment appeal) 
  61. Swenson v. Department of Workforce Services (Utah Ct. App. Oct. 20, 2011) (appeal of Workforce Appeals Board's use of new evidence on appeal)
  62. Mack v. Department of Workforce Services (Utah Ct. App. Oct. 14, 2011) (untimely appeal of unemployment decision)
  63. Record v. Workforce Appeals Board (Utah Ct. App. Oct. 6, 2011) (appeal of Workforce Appeals Board's decision to refuse to supplement record)
  64. Bohl v. DWS (Utah Ct. App. September 9, 2011) (timeliness of unemployment appeal)
  65. Case v. DWS (Utah Ct. App. August 25, 2011) (unemployment appeal of question whether statutory  penalty under payment of wages act should count as wages toward base wages under unemployment statute)
  66. Martinez v. DWS (Utah Ct. App. August 18, 2011) (unemployment appeal of voluntariness of quit)
  67. Kimball v. DWS (Utah Ct. App. Aug. 4, 2011) (unemployment appeal of voluntary quit determination)
  68. Lowrey v. Workforce Appeals Board (Utah Ct. App. July 29, 2011) (unemployment appeal of determination that tatoo parlor was exempt from coverage because it was a purported religious entity) 
  69. Lockyear v. DWS (Utah Ct. App. July 29, 2011) (timeliness of unemployment appeal)
  70. Prosper Team, Inc. v. DWS (Utah Ct. App. July 29, 2011) (unemployment appeal of just cause determination)
  71. Brown v. DWS (Utah Ct. App. July 14, 2011) (appeal of untimely filing of appeal with the DWS)
  72. Rasmussen v. DWS (Utah Ct. App. July 14, 2011) (appeal of untimely filing of appeal with the DWS) 
  73. InnoSys, Inc. v. DWS (Utah Ct. App. May 26, 2011) (unemployment appeal of just cause determination)
  74. Kimber v. DWS (Utah Ct. App. May 12, 2011) (unemployment appeal)
  75. Wright v. DWS (Utah Ct. App. May 5, 2011) (unemployment appeal of just cause for voluntary quit) 
  76. Prosper Team, Inc. v. DWS (Utah Ct. App. May 5, 2011) (unemployment appeal of just cause determination)
  77. Pecic v. DWS (Utah Ct. App. April 14, 2011) (unemployment appeal of finding of just cause)
  78. Frislie v. DWS (Utah Ct. App. April 14, 2011) (unemployment appeal of finding of fraud)
  79. Fragomeno v. DWS (Utah Ct. App. March 31, 2011) (unemployment appeal of determination of voluntary quit)
  80. Smith v. DWS (Utah Ct. App. March 24, 2011) (unemployment appeal of finding of fault overpayment when applicant also received SSI benefits)
  81. Pender v. DWS (Utah Ct. App. March 17, 2011) (unemployment appeal)
  82. Campbell v. DWS (Utah Ct. App. March 17, 2011) (unemployment appeal)
  83. Van Otten v. DWS (Utah Ct. App. March 10, 2011) (unemployment appeal)
  84. Smith v. Workforce Appeals Board (Utah Ct. App. March 10, 2011) (unemployment appeal)
  85. Conner v. DWS (Utah Ct. App. March 3, 2011) (unemployment appeal of denial that voluntary quit was for good cause)
  86. Konan v. DWS (Utah Ct. App. Feb. 17, 2011) (unemployment appeal of fraud overpayment penalty) 
  87. Welte v. DWS (Utah Ct. App. Feb. 17, 2011) (unemployment appeal of voluntariness of quit)
  88. Carr v. DWS (Utah Ct. App. Jan. 27, 2011) (unemployment appeal of untimely appeal filing)
  89. Salt Lake Donated Dental Services, Inc. v. DWS (Jan. 13, 2011) (unemployment appeal of just cause determination)
  90. Ivie v. DWS (Utah Ct. App. Jan. 13, 2011) (unemployment appeal of voluntary quit without good cause determination)
  91. Naylor v. DWS (Utah Ct. App. Dec. 30, 2011) (unemployment appeal of excusable neglect determination)
  92. Rufino v. DWS (Utah Ct. App. Dec. 23, 2010) (unemployment appeal)
  93. Smith v. DWS (Utah Ct. App. Dec. 23, 2010) (unemployment appeal regarding improperly excluding representative)
  94. Bowdrey v. Workforce Appeals Board (Utah Ct. App. Dec. 16, 2010) (whether not showing up to work for personal reasons qualified as good cause for voluntary quit)
  95. Kennick v. Workforce Appeals Board (Utah Ct. App. Dec. 16, 2010) (unemployment appeal)
  96. Stoddard v. DWS (Utah Ct. App. Dec. 16, 2010) (timeliness of unemployment appeal)
  97. Issa v. DWS (Utah Ct. App. Dec. 9, 2010) (appeal of unemployment denial based on finding that claimant quit without good cause)
  98. Carver v. DWS (Utah Ct. App. Nov. 12, 2010) (unemployment appeal regarding timeliness of appeal)
  99. Higgs v. DWS (Utah Ct. App. Nov. 12, 2010) (unemployment appeal regarding availability to work)
  100. Brucks v. DWS (Utah Ct. App. Nov. 4, 2010) (unemployment appeal)
  101. Nicolosi v. DWS (Utah Ct. App. Oct. 28, 2010) (unemployment appeal regarding finding of insubordination)
  102. Duong v. DWS (Utah Ct. App. Oct. 21, 2010) (unemployment appeal of whether rejecting offer of two days of work was rejecting suitable employment)
  103. Madson v. DWS (Utah Ct. App. Oct. 15, 2010) (unemployment appeal regarding availability for work)
  104. Lowry v. DWS (Utah Ct. App. Sept. 30, 2010) (unemployment appeal of finding that unemployment recipient was unavailable for full time work)
  105. Target Interact US, LLC v. Workforce Appeals Board (Utah Ct. App. Sept. 16, 2010) (unemployment appeal regarding just cause termination)
  106. Dev v. DWS (Utah Ct. App. Sept. 10, 2010) (unemployment appeal of civil penalty)
  107. Kivalu v. DWS (Utah Ct. App. Aug. 5, 2010) (claim that unemployment applicant fraudulently obtained unemployment)
  108. Ashdown v. DWS (Utah Ct. App. July 29, 2010) (claim that unemployment applicant provided false information)
  109. Lopez v. DWS (Utah Ct. App. July 15, 2010) (unemployment appeal)
  110. Caldwell v. DWS (Utah Ct. App. June 24, 2010) (unemployment appeal)
  111. Porter v. DWS (Utah Ct. App. June 17, 2010) (unemployment appeal)
  112. Tavake v. DWS (Utah Ct. App. June 4, 2010) (untimely appeal of unemployment decision)
  113. Fassett v. DWS (Utah Ct. App. April 15, 2010) (unemployment appeal)
  114. Ellsworth v. DWS (Utah Ct. App. April 15, 2010) (unemployment appeal of fraud determination)
  115. Bray v. DWS (Utah Ct. App. March 23, 2010) (unemployment appeal of fraud overpayment)
  116. Herrera v. DWS (March 11, 2010) (unemployment appeal of fraud decision)
  117. Gurunian v. DWS (Utah Ct. App. Feb. 19, 2010) (unemployment appeal
  118. Heggestad v. Workforce Appeals Board (Utah Ct. App. Feb. 11, 2010) (appeal of denial of backdated unemployment benefits)
  119. Dugdale v. DWS (Utah Ct. App. Feb. 11, 2010) (unemployment appeal
  120. Rowley v. DWS (Utah Ct. App. Dec. 10. 2009) (unemployment appeal)
  121. Ulrich v. DWS (Utah Ct. App. Dec. 3, 2009) (appeal of unemployment decision)
  122. Johnson v. DWS (Utah Ct. App. Dec. 3, 2009) (appeal of unemployment decision)
  123. Daines v. DWS (Utah Ct. App. Sept. 27, 2009) (appeal of unemployment decision
  124. Ayuso v. DWS (Utah Ct. App. Sept. 24, 2009) (appeal of denial of unemployment benefits)
  125. Nigohosian v. Workforce Appeals Board (Utah Ct. App. Sept. 3, 2009) (denial of motion for reconsideration to appeals board)
  126. Johnston v. DWS (Utah Ct. App. Aug. 27, 2009) (appeal of unemployment decision)
  127. Ellis v. DWS (Utah Ct. App. Aug. 27, 2009) (appeal of unemployment decision)
  128. Seager v. DWS (Utah Ct. App. July 30, 2009) (appeal of unemployment decision)
  129. Mineral Resources International v. DWS (Utah Ct. App. July 9, 2009) (appeal of unemployment decision)
  130. Shaffer v. DWS (Utah Ct. App. June 25, 2009) (appeal of unemployment decision)
  131. Madero v. DWS (Utah Ct. App. June 11, 2009) (timeliness of appeal)
  132. Mugleston v. DWS (Utah Ct. App. June 4, 2009) (fraud in unemployment application)
  133. Doe v. DWS (Utah Ct. App. June 4, 2009) (untimely filing of appeal)
  134. Haggard v. Workforce Appeals Board (Utah Ct. App. March 5, 2009) (appeal of unemployment decision)
  135. Cheney v. DWS (Utah Ct. App. Feb. 26, 2009) (appeal of unemployment decision)
  136. Hughes General Contractors v. Workforce Appeals Board (Utah Ct. App. Jan. 15, 2009) (appeal of unemployment decision)
  137. Montoya v. DWS (Utah Ct. App. Jan. 8, 2009) (appeal of unemployment decision)
United States Supreme Court

None.



Tenth Circuit Court of Appeals


  1. Board of Education v. Henderson (10th Cir., June 19, 2017) (unhappy with the Navajo Nation's determination that it had jurisdiction, the school district sought relief in federal court, which dismissed for lack of standing)
  2. Pretlow v. McPherson (10th Cir., Sept. 27, 2012) (unemployment compensation).

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