Tri-County Youth Programs, Inc. v. Acting Deputy Director Of The Division Of Employment And Training
765 N.E.2d 810 (2002)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Denise Lawrie was hired in 1996 as a shift manager in a residence for emotionally troubled adolescents operated by P. On November 22, 1997, in connection with her duties, Lawrie took two P clients on a shopping trip. While driving the company van, she was sexually assaulted by one of the clients, a fourteen-year-old male. Lawrie promptly reported the assault to her superiors. She also reported the assault to police and pressed charges. The assailant was arrested and placed into the custody of the Department of Youth Services (DYS). On December 4, 1997, Lawrie's supervisor informed her that her assailant would probably be returned to the work facility with a 'stay-away' order in place. On December 10, 1997, the assailant admitted delinquency to sexual assault, was adjudicated delinquent, and was placed on two years' probation. On December 10, 1997, the assailant admitted delinquency to sexual assault, was adjudicated delinquent, and was placed on two years' probation. The court ordered the juvenile to stay away from Lawrie and to have no contact with her. With the assent of P, DYS returned the juvenile to the same residential facility where Lawrie worked. Lawrie resigned from her position, effective January 7, 1998, giving as the reason her dissatisfaction with Pr's handling of the sexual assault incident. On December 15, 1997, at a meeting with her supervisor, her resignation was deemed effective immediately. Lawrie made an application for unemployment benefits, which were granted. P appealed, and a review examiner denied the benefits; Lawrie applied to the board for a review of the examiner's decision. The board, concluding that the examiner's decision was based on an error of law, modified the examiner's decision and awarded Lawrie benefits for the week ending December 27, 1997, and for subsequent weeks. P then petitioned the District Court to vacate the board's decision. From a judgment affirming the board's decision, P appealed.
Issues
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Holding & Decision
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Legal Analysis
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