Appeal of MooreAnnotate this Case
Petitioner Casey B. Moore appealed a decision of the appeal tribunal (tribunal), as affirmed by the appellate board, of the New Hampshire Department of Employment Security (DES) finding him ineligible for unemployment benefits because he voluntarily left his job without good cause. Moore began working as an arborist in 2008 for Guillemette Tree Services (GTS), a small business owned by Ken Guillemette. He worked part-time at a rate of $31.25 per hour, sometimes getting paid as an employee of GTS and sometimes as an independent contractor. Moore and Guillemette had a dispute about when Moore would be paid for work he had previously performed. The following Saturday, Moore met with Guillemette to collect his wages, which Guillemette paid partially by cash and partially by check. He also issued Moore a written warning for failing to show up at work on the previous day. Moore, however, claimed he was unaware that he had been required to work that day. The next Monday, Moore arrived at Guillemette’s house early in the morning to begin that day’s work. Before they started work, however, Moore told Guillemette that he wanted to "finish our conversation from Saturday," and stated that he wished to continue working for GTS as a subcontractor for $51.25 per hour. Guillemette expressed frustration and said, "I’ll have to think about it." He then asked Moore, "So what’s going on for today?" Moore responded that he would work as soon as Guillemette hired him as a subcontractor. Moore then left, and there was no further contact between them. In this case, the Supreme Court found that Moore’s own testimony established that he voluntarily quit working for GTS, and that Moore presented no evidence to support his claim that Guillemette fired him: "to the contrary, Moore admitted that Guillemette was 'frustrated' and 'all ticked off' when faced with the choice of either acceding to Moore’s request for a significant pay raise or losing him as an employee altogether."