Decision Number 1495-BR-82 - Monetary Eligibility - Sections 8-802, 8-803 - Maryland Unemployment Decisions Digest - Appeals
BOARD OF APPEALS
|DECISION NO: 1495-BR-82
DATE: October 13, 1982
|CLAIMANT: Deborah K. Montague||APPEAL NO.: 07476|
|EMPLOYER: Baltimore City Schools||L.O. NO: 1|
Issue: Whether the Claimant was unemployed within the meaning of Section 20(1) of the Law.
- NOTICE OF RIGHT OF APPEAL TO COURT -
YOU MAY FILE AN APPEAL FROM THIS DECISION IN ACCORDANCE WITH THE LAWS OF MARYLAND. THE APPEAL MAY BE TAKEN IN PERSON OR THROUGH AN ATTORNEY IN THE SUPERIOR COURT OF BALTIMORE CITY, OR THE CIRCUIT COURT OF THE COUNTY IN MARYLAND IN WHICH YOU RESIDE.
THE PERIOD FOR FILING AN APPEAL EXPIRES AT MIDNIGHT November 12, 1982.
|For the Claimant:||For the Employer:|
REVIEW ON THE RECORD
Upon review of the record in this case, the Board of Appeals reverses the decision of the Appeals Referee in regard to the week ending August 22, 1981. The Board has not considered the evidence concerning the week ending July 4, 1981, since no appeal was filed concerning that week.
During the week ending August 22, 1981, the Claimant worked on one day for American Center and Sons. She earned $55.00 for that one day of work.
The Claimant's weekly benefit amount was $70.00 at the time.
CONCLUSIONS OF LAW
The Claimant was clearly eligible for partial benefits for the week in question.
The decision of the Appeals Referee is apparently based on the amount of wages received by the Claimant for the week ending August 22, 1981. This is an incorrect way of calculate eligibility.
The correct calculation is done by determining which wages are due to the Claimant or have been paid to Claimant for services performed during the week in question. In this case, since only $55.00 of the Claimant's paycheck was attributable to work during the week ending August 22, 1981, and since the Claimant's weekly benefit amount was $70.00, the Claimant was clearly unemployed within the meaning of Section 20(1) of the Law.
Under Section 3(b)(3) of the Law, the Claimant is eligible for her weekly benefit amount minus that amount of the wages attributable to work in that week which is above $10.00. Since the Claimant earned $45.00 above the $10.00 amount, $45.00 should be subtracted from the Claimant's weekly benefit amount of $70.00. The Claimant is thus eligible for $25.00 for the week in question.
The Claimant is eligible for $25.00 for the week ending August 22, 1981.
The decision of the Appeals Referee is reversed.
Thomas W. Keech, Chairman
Maurice E. Dill, Associate Member
-3 COPIES Appeal No. 07476
American Center & Sons
c/o Reed, Roberts Assoc., Inc.
UNEMPLOYMENT INSURANCE - BALTIMORE
LOWER APPEALS DECISION
|DECISION DATE: 8/2/82|
|CLAIMANT: Deborah K. Montaque||APPEAL NO.: 07476|
|EMPLOYER: Baltimore City School||L. O. NO.: 1|
Issue: Whether the claimant was unemployed within the meaning of Section 20(1) of the Law.
- NOTICE OF RIGHT OF FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A FURTHER APPEAL AND SUCH APPEAL MAYBE FILED IN ANY EMPLOYMENT SECURITY OFFICE, OR WITH THE APPEALS DIVISION, ROOM 515, 1100 NORTH EUTAW STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR BY MAIL.
THE PERIOD FOR FILING A FURTHER APPEAL EXPIRES AT MIDNIGHT ON August 17, 1982.
|For the Claimant:
|For the Employer:
Sr. Staff Specialist
FINDINGS OF FACT
The claimant filed a claim for unemployment insurance benefits, effective June 21, 1981. Her weekly benefit amount was determined to be $70.
The claimant filed a claim for benefits for the claim week ending July 4, 1981. Her employer, Baltimore City Schools, reported earnings in the amount of $240. The claimant's last pay stub was dated June 23, 1981. The case was continued, so that the employer could present additional evidence, if she worked during the week in question. They did not appear or present such evidence. The claimant denied that she worked for the claim week ending July 4, 1981, for Baltimore City Schools.
The claimant received $70 from the Agency for the claim week ending July 4, 1981, and she was charged an overpayment for this.
During the claim week ending August 22, 1981, the claimant's employer originally reported $170 as earnings. The claimant worked at the baseball games, when the Orioles were playing in Baltimore. She presented two pay stubs for the period ending August 14 1981, in the amount of $170 and for the period ending August 21, 1981, the pay period ends on Thursday, these stubs amounted to $220.
The claimant alleged that she did not work during the claim week ending August 22, 1981, however, she was granted a continuance to get her pay stubs. She presented them but she did not present any other evidence from the employer, that she was not employed during this period. She contended that she was paid a week late.
The claimant received $70 from the Agency for the claim week ending August 22, 1981.
CONCLUSIONS OF LAW
It is found that the claimant was eligible for benefits and not employed for the claim week ending July 4, 1981. The overpayment of $70 charged against the claimant must be cancelled.
However, it is found that the claimant worked and received wages in excess of her weekly benefit amount of $70 for the claim week ending August 22, 1981. Therefore, the $70 that she received must be repaid to the Agency.
The claimant was not employed during the claim week ending July 4, 1981, the overpayment of $70 is cancelled.
The claimant was not eligible for benefits within the meaning of Section 4 and 20(1) for the claim week ending August 22, 1981, she is overpaid $70 for this week.
The claimant's total overpayment is now $70, not $140 the determination of the Claims Examiner is modified accordingly.
John F. Kennedy Jr.
Date of hearing: 7/2/82
Copies mailed to:
Unemployment insurance - Baltimore
American Center and Sons Inc.
c/o Reed Roberts, Inc.