Agnone v. Hansen

[526]

Opinion

PUGLIA, J.

This appeal is taken from the denial by the superior court of a petition for writ of mandate seeking to compel the Unemployment Insurance Appeals Board (“Board”) to grant unemployment compensation benefits to the appellant, Stephanie Agnone (hereinafter “plaintiff”). The issue determinative of this appeal is whether there is substantial evidence in the record to support the findings of the trial court. We hold that there is and will affirm the judgment accordingly.

Plaintiff was employed for 3

lh

months as a housekeeper at an 18-bed nursing home owned and operated by Deane Stenzel (“employer”). It was plaintiff’s responsibility to keep the place clean. Her duties included tasks customarily associated with housekeeping such as dusting, mopping and cleaning sinks and bathrooms. Although plaintiff was under the general supervision of Mrs. Stenzel, any of the nurses, orderlies, or other specialized employees had the authority to direct her to housekeeping tasks that required immediate attention.

On November 1, 1971, Dighero, an orderly, instructed plaintiff to clean a bathroom.

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Plaintiff testified Dighero had been “riding” her, treating her “like a slave” and ordering her around. He repeatedly told her to clean the bathroom. Plaintiff responded that she knew what was to be done and would get it done when she got around to it. Dighero advised plaintiff that if she did not comply he would report her to Mrs. Stenzel. Plaintiff “just couldn’t take it any more.” In a loud voice, punctuated by profanity, plaintiff demanded that Dighero never threaten her again. Nothing more was said by Dighero. About five minutes thereafter plaintiff did clean the bathroom.

Mrs. Stenzel was advised of the altercation and discharged plaintiff later that day for neglecting her work and causing dissension.

Mrs. Stenzel testified that if plaintiff’s work had been satisfactory, she would have interceded and settled the difficulty between plaintiff and Dighero and plaintiff would still be working as a housekeeper. Since her work was not satisfactory, however, Mrs. Stenzel thought it not worthwhile to continue her employment. Mrs. Stenzel further testified that she had received many complaints from the staff about plaintiff’s reluctance