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Robinson v. First State Community Action

Superior Court of Delaware, New Castle

July 30, 2013

TAMRA ROBINSON, Appellant,
v.
FIRST STATE COMMUNITY ACTION and UNEMPLOYMENT INSURANCE APPEALS BOARD Appellees.

Submitted: April 25, 2013

Upon Appellant's Appeal from the Unemployment Insurance Appeal Board's Decision.

Tamra Robinson, 7221 Shearwater Place, Phildadelphia, PA, pro se, Appellant.

Tasha Marie Stevens, Esquire, Fuqua, Yori and Williard, P.A., Georgetow, Delaware, Attorney for Appellee First State Community Action.

Caroline L. Cross, Esquire, Deputy Attorney General, Wilmington, Delaware, Attorney for Appellee Unemployment Insurance Appeal Board.

OPINION AND ORDER

BRADY, J.

I. Introduction

Tamra Robinson ("Robinson") filed this appeal from a decision of the Unemployment Insurance Appeals Board ("UIAB") on October 11, 2012. The parties were placed on a briefing schedule, the final brief was submitted on April 12, 2013, and the matter was assigned to the Court on April 25, 2013.[1] On appeal, the Court must determine whether the UIAB's conclusion that Robinson was ineligible for benefits because she was discharged with just cause is supported by substantial evidence in the record and is free from legal error.[2] Upon consideration of the pleadings before the Court and the record below, the Court finds that the Board's ruling is supported by substantial evidence and that there is no legal error. Accordingly, the matter is AFFIRMED.

II. Background

Tamra Robinson ("Robinson") was employed as a Housing Counselor for First State Community Action ("First State") from October 19, 2009 until her termination on February 3, 2012.[3] Robinson was terminated because she refused to sign a Code of Ethics Form. First State's eligibility for grant funding is dependent on its Housing Counselors executing this form to agree to perform their duties in accordance with the Code of Ethics. Robinson was required to sign this form.[4] The form states:

Instructions:
The Code of Ethics and Conduct is an essential component of the National Industry Standards for Homeownership Education and Counseling. It is required that a signed copy be kept on file within your office for each counselor listed in your organization profile, and made available upon request. It is important that counselors read, sign and agree to abide by the Code of Ethics and Conduct and the guidelines set forth in the National Industry Standards for Homeownership Education and Counseling.
By checking this box (or signing below), I acknowledge that I have received and read the National Industry Standards Code of Ethics and Conduct for Homeownership Professionals and agree to adopt and adhere to the guidelines as outlined.[5]

Instead of signing, Robinson wrote on the signature line "I will not be signing this until the recommended training is complete [and] strong knowledge referenced in the guide is ...


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