# Terry Dairy Products Company v. Cash

> Supreme Court of Arkansas · February 7, 1955 · 224 Ark. 576

URL: https://www.frixlaw.com/law-library/cases/9770923

## Case

- **Full name:** Terry Dairy Products Company, Inc. v. Cash, Commissioner of Labor
- **Court:** Supreme Court of Arkansas
- **Decided:** February 7, 1955
- **Citations:** 224 Ark. 576; 275 S.W.2d 12; 1955 Ark. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Dissent by Robinson
- **Judges:** George Rose Smith
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9770923

## Opinion text

Robinson, J., dissenting. If Mrs. Yaeger left work voluntarily without good cause she is not entitled to compensation for the balance of the week that she left work plus five additional weeks. Ark. Stats., § 81-1106(a). It is agreed she quit her work voluntarily; did she do so without good cause? The Act sheds, some light on this point. Section 81-1106(c) (2) provides: “No work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due to a strike, lockout, or other labor dispute; [the position offered her was not due to any of these causes] (b) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; [her wages would have been the same in the new position and it cannot be said the conditions of her new work' would be less favorable to her than those prevailing for similar work in the locality] ,(.c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization [these conditions did not exist,]” .
Mrs. Yaeger had been with Terry for a long time; the company felt kindly toward her. She was relieved of the job she had been holding only because the job as it had ■existed'was abolished. Terry no longer needed the services of Mrs. Yaeger, but since she was an old employee the company.discharged “Dorothy,” the last office employee in point of time, and offered Mrs. Yaeger “Dorothy’s” job. Mrs. Yaeger’s. salary would not have been reduced from the amount she had been receiving, which was more than the company had been paying' “Dorothy.” The company ¡offered Mrs. Yaeger a nice job in the office requiring no special skill; she claims such light duties would make her nervous, and was unwilling to try it for a week to see how she would get along. There is no showing that any other concern operates a Welcome Wagon or that there ever was a prospect of Mrs. Yaeger getting such-a job from another concern. At the trial she had not found Such a -job, although she claimed she was diligently looking for-one; Of course, in any circumstances.Mrs. Yaeger had. the-.right to.-quit her job, but in these circumstances I .do not believe, she had the right, to quit at the expense of Terry, ...■■-■•
Therefore I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9770923. Public record. Not legal advice.