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Purdie v. Unemployment Insurance Appeal Board

Superior Court of Delaware, New Castle

June 25, 2014

RICHARD PURDIE, Appellant,
v.
UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.

Submitted: April 16, 2014

On Appeal from a Decision of the Unemployment Insurance Appeal Board.

Richard Purdie, New Castle, Delaware, pro se, Appellant.

Catherine Damavandi, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the Unemployment Insurance Appeal Board.

ORDER

Richard R. COOCH, R.J.

This 25th day of June 2014, on appeal from a decision of the Unemployment Insurance Appeal Board, it appears to the Court that:

1. Appellant Richard Purdie ("Appellant") worked for Diamond State Port Corp ("Employer") from January 12, 2012 until June 18, 2013.[1]Prior to his work with Employer, Appellant maintains he was employed by Domino's Inc. for a period of two years and collected unemployment after an alleged wrongful termination.[2] Appellant began working a "part time casual job" for Employer while still collecting benefits, but stopped his weekly filings "[o]nce he made too much money…so he would not have to owe back to unemployment."[3]Appellant worked more than 800 hours for Employer in 2013, which qualified him to be a "Chapter B" employee as of January 1, 2014.[4]Appellant's work for Employer ceased in June 2013 when work slowed. Appellant worked all hours Employer had available to him.[5]
2. Appellant filed for benefits and was referred immediately to the Appeals Referee for a determination of whether or not he was eligible for benefits.[6]
3. On July 31, 2013, an Appeals Referee held a hearing with Appellant and a representative of Employer. On August 22, 2013, the Appeals Referee determined that the "as needed" nature of his employment provided "no guarantee of regularity of work and [Appellant had] no expectation of regular employment and income."[7] "There [was also] insufficient evidence to show that the claimant intended to remain as permanently employed."[8] The Appeals Referee concluded that Appellant "left his work voluntarily without good cause attributable to such work."[9] He was therefore disqualified from receipt of benefits.[10]Appellant timely appealed to the Board.
4. On October 30, 2013, the Board upheld the Appeals Referee's decision as the evidence offered during the Board Hearing was "substantially the same" as that offered to the Appeals Referee and it found no error in the Referee's decision.[11] Appellant timely appealed the Board's decision to this Court.
5. On March 20, 2014, Appellant submitted his "Opening Brief, " which reads, in its entirety:

To Whom It May Concern,

Richard Purdie worked for Domino's Inc. from 8/2010 to 9/2012. He then was wrongfully let go and won a hearing against them to receive unemployment. He was receiving unemployment for approximately seventeen weeks before he started a part time casual job at the Port of Wilmington. Once he made too much money he stopped filing weekly benefits so he would not have to owe back to unemployment. On June 18, 2013 he was no longer working a part time job for the Port of Wilmington. He never returned to full time employment. He was told to file to receive new benefits through the Port of Wilmington even though that was not his last full time position. Now he is being denied from the Port of Wilmington and Domino's Inc. He should continue to receive unemployment through Domino's until his refile date. The Port only employed him as a casual employee and according to their own testimony he worked all of the hours available to him before trying to refile under ...

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