Reference no: EM132293262
Carolyn Moreau was employed for nine years as a room attendant for the Windjammer Hotel. The hotel was moderately busy during the week and filled up with tourists on the weekends. In accordance with hotel policy, Ms. Moreau submitted a request on May 1 for time off on Saturday, May 15, to attend the graduation ceremony of her only daughter. The hotel was extremely short handed on the weekend of the 15th due to some staff resignations and a forecasted sellout of rooms. Ms. Moreau’s supervisor denied her request for the day off. She was visibly upset when the schedule was posted and she learned that her supervisor had denied her request. She confronted her supervisor and stated, “I am attending my daughter’s graduation. No way am I going to miss it!” The supervisor replied that she was sorry, but all requests for that particular weekend off had been denied and Ms. Moreau was to report to work as scheduled. On the Saturday of the graduation, Ms. Moreau called in sick four hours before her shift was to begin. The supervisor, recalling the conversation with her, recorded the call-in as “unacceptable excuse,” and filled out a form stating that Ms. Moreau had quit her job voluntarily by refusing to work her assigned shift. The supervisor referred to the portion of the employee manual that Ms. Moreau signed when joining the hotel. The manual read, in part: Employees shall be considered to have voluntarily quit or abandoned their employment upon any of the following occurrences:
1. Absence from work for one (1) or more consecutive days without excuse acceptable to the company;
2. Habitual tardiness;
3. Failure to report to work within 24 hours of a request to report.
Ms. Moreau returned to work the next day to find that she had been removed from the schedule. She was informed that she was no longer an employee of the hotel. She filed for unemployment compensation. In her state, workers who voluntarily quit their jobs were not eligible for unemployment compensation.
1. Do you believe Ms. Moreau was terminated or that she resigned from her position?
2. Do you believe she is eligible for unemployment compensation?
3. Whose position would you prefer to defend in the unemployment compensation hearing? Why?