No "Wrongful Interference With Unemployment Insurance Claim" In Kentucky

On January 24, 2006, Judge Forester granted defendant's motion for summary judgment dismissing all of plaintiff's claims in McGuire v. Bourbon Community Hospital.  One of those claims was that defendant had wrongfully attempted to prevent the plaintiff from receiving unemployment benefit compensation.  Thankfully, Judge Forester had little trouble dismissing this claim. He stated,

To the extent that the plaintiff means to challenge the unemployment compensation benefits ultimately awarded to her, it appears that this Court does not have jurisdiction. K.R.S. $ 341.450(1) (allowing appeal from Commissioner’s decision only in the Circuit Court of the county in which the claimant was last employed). If the plaintiff intended to bring a different challenge, it is not clear to the Court exactly how the defendant wrongly interfered with the plaintiffs attempts to obtain unemployment compensation benefits. If it is the plaintiffs suggestion that opposing an application and providing information in response to an agency request were sufficient to establish unlawful interference by an employer, then all employee applications would be automatically approved and an employer would never have an opportunity to oppose them. This would make no sense.

Here is the decision: Download McGuire12506.pdf