Legal Opinion

Wynn v. Arizona Department of Economic Security

Court of Appeals of Arizona

Decided January 7, 2014No. 1 CA-UB 12-0372Published

1Opinion of the Court

OPINION

DOWNIE, Judge.

¶ 1 Mark F. Wynn appeals from a determination by the Arizona Department of Economic Security (“ADES”) that he is ineligible for unemployment benefits based on a lump *591sum payment he received from his former employer, Hensley and Co. (“Hensley”). The question before us is whether that payment constituted severance pay that disqualified Wynn from benefits. Because we conclude that the payment included only two weeks’ wages in severance pay, we vacate ADES’s ineligibility decision and remand for an award of benefits.

FACTS AND PROCEDURAL HISTORY

¶ 2 After working for Hensley…

2Cases cited6 opinions

  1. Capitol Castings, Inc. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 1992
  2. Moore v. Digital Equipment Corp.Colorado Court of Appeals · 1994
  3. Pero v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2002
  4. Parker v. Underwriters Laboratories, Inc.Idaho Supreme Court · 2004
  5. White v. Commissioner of the Department of Employment & TrainingMassachusetts Appeals Court · 1996

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