Philyaw v. Gatson

RECHT, Justice:

We are asked to review the narrow question involving the entitlement of a judicial employee to unemployment compensation benefits when that employee is required to resign her employment after she chooses to become a candidate for the non-judicial office of clerk of the circuit court.

The Circuit Court of Kanawha County reversed the decision of the Board of Review of the West Virginia Department of Employment Security. The Board of Review had found that the employee’s resignation was a voluntary act without good cause involving fault on the part of the employer which disqualified…