Decision Number 1700-SE-93 - Voluntary Quit - Section 8-1001 - Maryland Unemployment Decisions Digest - Appeals

BOARD OF APPEALS

DECISION

Issue: Whether the claimant left work voluntarily, without good cause or valid circumstances, within the meaning of §8-1001 of the Labor and Employment Article.

- NOTICE OF RIGHT OF APPEAL TO COURT -

You may file an appeal from this decision in the Circuit Court for Baltimore City or one of the Circuit Courts in a county in Maryland. The court rules about how to appeal can be found in many public Libraries, in the Annotated Code of Maryland, Maryland Rules, Volume 2, B rules.

The period for filing an appeal expires November 7, 1993.

APPEARANCES

EVALUATION OF THE EVIDENCE

The Board of Appeals has considered all of the evidence presented, including the testimony offered at the hearings. The Board has also considered all of the documentary evidence introduced in this case, as well as the Department of Economic and Employment Development's documents in the appeal file.

Regarding the issue of credibility, the Board finds the claimant's testimony not to be credible. Claimant's Exhibit #1 did not enhance the credibility of her case.

FINDINGS OF FACT

The claimant's most recent period of employment with Mutual of Omaha Insurance Company was from May 29, 1990 to December 7, 1992. She was employed as a technical assistant, earning $1,926 per month, and she was required to work 38 and 3/4 hours per week.

The claimant voluntarily quit her position by abandonment. The claimant failed to report to work on any date after December 7th. She was not discharged by her employer, nor was she in any danger of losing her job.

CONCLUSIONS OF LAW

The claimant voluntarily left her employment within the meaning of §8-1001 of the Labor and Employment Article. Since this is so, the claimant has the burden of showing that her reason for quitting amounted to "good cause" or "valid circumstances" within the meaning of that section of the law. The claimant, having testified emphatically (but not credibly) that she was discharged, did not provide any evidence to meet this burden. The claimant left her employment without good cause or valid circumstances.

DECISION

The claimant voluntarily left the employment, without good cause, within the meaning of §8-1001 of the Labor and Employment Article. Benefits are denied from the week beginning December 6, 1992 and until she becomes re-employed, earns at least ten times her weekly benefit amount in covered wages ($2,230), and thereafter becomes unemployed through no fault of her own.

The decision of the Hearing Examiner is affirmed.

Thomas W. Keech, Chairman
Donna P. Watts, Associate Member

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Date of Hearing: August 20, 1993
COPIES MAILED TO:

CLAIMANT
EMPLOYER
UNEMPLOYMENT INSURANCE - FREDERICK
Jerry S. Dunietz, Esq.
Mutual of Omaha Co.

LOWER APPEALS DECISION

DECISION

Issue: Whether the claimant left work voluntarily, without good cause, within the meaning of MD Code, Labor and Employment Article, Title 8, Section 1001.

- NOTICE OF RIGHT TO FURTHER APPEAL -

ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A FURTHER APPEAL AND SUCH APPEAL MAY BE FILED IN ANY OFFICE OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT, OR WITH THE BOARD OF APPEALS, ROOM 515, 1100 NORTH EUTAW STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR BY MAIL THE PERIOD FOR FILING A FURTHER APPEAL EXPIRES ON March 24 1993.

NOTICE: APPEALS FILED BY MAIL INCLUDING SELF-METERED MAIL ARE CONSIDERED FILED ON THE DATE OF THE U.S. POSTAL SERVICE POSTMARK

APPEARANCES

FINDINGS OF FACT

The claimant, Susan S. Bailey, was employed by Mutual of Omaha from May 29, 1990 until December 7, 1992 as a technical assistant earning an annual salary of $22,000. As a result of the claimant's extended authorized Thanksgiving vacation, she had exhausted all of her leave time. The claimant worked on December 7, 1992 for one half day and left to take care of a sick child.  She called her employer on the 8th and 9th.

On December 10, 1992, the claimant did not call and did not show up for work. Her employer phoned her and was informed, by the claimant, that she had to take her sick child to the hospital. December 11, 1992 resulted in no call/no show on the part of the claimant. A co-worker went to the claimant's residence and determined that she had moved.

In the instant case, the claimant abandoned her position pursuant to company policy. The claimant was informed that she needed to maintain contact with her employer in order to determine her availability for work

CONCLUSIONS OF LAW

The Maryland Code, Labor and Employment Article, Title 8, Section 1001 provides that an individual shall be disqualified for benefits where his unemployment is due to leaving work voluntarily, without good cause arising from or connected with the conditions of employment or actions of the employer. The preponderance of the credible evidence in the record will support a conclusion that the claimant voluntarily separated from employment, without good cause, within the meaning of Title 8, Section 1001.

DECISION

It is held that the unemployment of the claimant was due to leaving work voluntarily, without good cause, within the meaning of Maryland Code, Labor and Employment Article, Title 8, Section 1001. Benefits are denied for the week beginning December 6, 1992 and until the claimant becomes reemployed, earns at least ten times her weekly benefit amount in covered wages, and thereafter becomes unemployed through no fault of her own.

The determination of the Claims Examiner is modified.

Charles Weinberg, Hearing Examiner

Date of Hearing: February 23, 1993
cld/Specialist ID: 05389
(Cassette Attached to File)
SEQ 01
Copies mailed on March 9, 1993 to:

Claimant
Employer
Unemployment Insurance - Frederick (MABS)