Quinn, Gent, Buseck & Leemhuis, Inc. v. Unemployment Compensation Board of Review

With due respect to the majority’s view, I believe the majority has inverted the burden of proof in this case and labors through an analysis for a solution from an erroneous premise.

Contrary to the view of the majority, the essential question here is whether, after an employer’s substantial unilateral change in an employee’s working conditions, the employer must offer a suitable alternative in the form of a reasonable accommodation to that employee. It is, of course, a basic principle of unemployment law that a “claimant can meet his burden of proving a necessitous and compelling reason for…