Dorsey v. Dep’t of Workforce Servs.

John Dorsey filed a series of unemployment claims for time periods when he was in Mexico during the offseason of his employment at a Utah resort. Because he was considered a seasonal employee Dorsey was granted a deferral from the requirement of search for work as a prerequisite to eligibility for benefits. The Department of Workforce Services later concluded that Dorsey had been ineligible to receive unemployment benefits during his trips to Mexico under its rule deeming unemployment claimants ineligible for benefits if they travel outside the United States for more than two weeks. The Workforce Appeals Board affirmed. The court of appeals reversed. The Supreme Court affirmed, holding (1) the Department's rule as extended to a seasonal worker not required to search for work is incompatible with the governing statutory position; and (2) because Dorsey was “able” and “available” for work he was eligible for unemployment benefits under the statute. View "Dorsey v. Dep't of Workforce Servs." on Justia Law