McBrearity v. Maine Unemployment Insurance Commission

I respectfully dissent.

The commission found that McBrearity left his employment voluntarily without good cause attributable to such employment and that his failure to notify the corporation and to inquire of the corporation as to the availability of other work was unreasonable. These findings were based on the commission’s determination that Hafford had no authority to discharge McBrearity. If in fact Hafford had no such authority, the commission’s conclusion that McBrearity’s conduct was unreasonable is not clearly erroneous.

However, neither the commission nor the court has addressed whether…