Decision Number 1573-BR-91 - Voluntary Quit - Section 8-1001 - Maryland Unemployment Decisions Digest - Appeals
BOARD OF APPEALS
|DECISION NO: 1573-BR-91
DATE: Dec. 17, 1991
|CLAIMANT: Vera Jenkins||APPEAL NO.: 9114192|
|EMPLOYER: Echelon Service Co.||L.O. NO: 50|
Issue: Whether the claimant left work voluntarily, without good cause, within the meaning of Section 8-1001 of the Labor and Employment Article.
- 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 CIRCUIT COURT OF BALTIMORE CITY, IF YOU RESIDE IN BALTIMORE CITY, OR THE CIRCUIT COURT OF THE COUNTY IN MARYLAND IN WHICH YOU RESIDE.
THE PERIOD FOR FILING AN APPEAL EXPIRES January 16, 1992.
|For the Claimant:||For the Employer:|
REVIEW ON THE RECORD
Upon review of the record in this case, the Board of Appeals adopts the findings of fact and conclusions of law of the Hearing Examiner.
On appeal, the claimant has provided medical evidence that her daughters have been ill. The Board is not affirming the Hearing Examiner's decision because of a lack of medical documents, but the Board concludes that the claimant's situation was not "necessitous or compelling" within the meaning of Section 8-1001(C) of the law.
The claimant voluntarily left her employment, without good cause, within the meaning of Section 8-1001 of the Labor and Employment Article. She is disqualified from receiving benefits from the week beginning June 30, 1991 and until she becomes reemployed, earns at least ten times her weekly benefit amount ($1,910), 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
COPIES MAILED TO:
LOWER APPEALS DECISION
|DECISION DATE: 09/20/91|
|CLAIMANT: Vera A. Jenkins||APPEAL NO.: 9114192|
|EMPLOYER: Echelon Service Co.||L. O. NO.: 50|
Issue: Whether the unemployment of the claimant was due to leaving work voluntarily, without good cause, within the meaning of Section 6(a) of the Law.
- NOTICE OF RIGHT OF FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A REVIEW AND SUCH PETITION FOR REVIEW MAY BE FILED IN ANY OFFICE OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT, 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 PETITION FOR REVIEW EXPIRES AT MIDNIGHT ON October 7, 1991.
|For the Claimant:
Claimant - Present Telephonically
|For the Employer:
Gordon Barley, Personnel
FINDINGS OF FACT
The claimant, who had previously worked for this employer, was rehired on June 6, 1989 as an electronic assembler at a pay rate at the time of separation of $9.54 per hour for full-time employment. On or about July 6, 1991, while continuing work existed for her, the claimant resigned her employment to relocate to the State of New York where both of her grown daughters were suffering from kidney failure. The claimant wanted to be near her family members during this time of serious family health problems. No medical documentation was presented by the claimant.
CONCLUSIONS OF LAW
It is held that the claimant voluntarily quit her employment for reasons which do not constitute good cause for so doing in that they not directly attributable to the employer and/or the employment. It is further held that valid circumstances, sufficient to warrant a weekly disqualification has not been presented in that medical verification of the claimant's reason for leaving her employment was not presented.
The determination of the Claims Examiner was warranted and will be affirmed.
The claimant voluntarily quit her employment, without good cause, within the meaning of Section 6(a) of the Law. Benefits are denied week beginning June 30, 1991 until re-employed, earning ten times her weekly benefit amount.
The determination of the Claims Examiner is hereby affirmed.
P. J. Hackett, Hearing Examiner
Date of Hearing: 9/18/91
ec/Specialist ID: 50506
Cassette No: 1322A
Copies mailed on 09/20/91 to:
Out-of-State Claims (MABS)