Submitted: June 2, 2014
Upon Consideration of Appellant's Appeal of the Unemployment Insurance Appeal Board, AFFIRMED.
Tysherra Burton, Wilmington, DE 19802, Appellant, pro se.
Catherine Damavandi, Esquire and Lisa Morris, Esquire, Unemployment Insurance Appeal Board, Attorneys for Appellee.
Vivian L. Medinilla
Appellant Employee Tysherra Burton ("Burton") appeals the decision of the Unemployment Insurance Appeal Board (the "Board") which granted judgment in favor of Community Alternatives Rescare Homecare ("Employer") and denied her claim for unemployment benefits. The Board found that Burton was not entitled to receive unemployment benefits after a determination that she voluntarily terminated her employment without good cause. For the reasons set forth below, this Court finds the Board's decision is supported by substantial evidence and is AFFIRMED.
FACTUAL AND PROCEDURAL HISTORY
Tysherra Burton was employed as a home health aide on a per diem, as-needed basis beginning on November 25, 2012. On March 11, 2013, Burton submitted the following letter to her supervisor:
As [of] April 2nd I will no longer be able to d[o] [a "Client"] because I will be attend[ing] school from 9-3 pm.
From April 2 until July 2, 2013, Burton remained on Employer's "active" roster but did not see clients. Per Employer's policy, employees are deemed "inactive" if they do not see any clients for a period of 90 days. Burton claims that during the 90 day period following her March 11 letter, she called Employer to inquire about obtaining another assignment, but did not leave any messages.Employer attempted to contact Burton via mail, but letters were returned as undeliverable. On July 2, 2013, Employer sent Burton a letter stating that because she had been "either unavailable or unscheduled to work for a period of 90 days or more, " it had reclassified her employment status to "inactive." Burton acknowledged receipt of Employer's July 2 letter.
On August 7, 2013, Burton filed a claim for unemployment benefits with the Delaware Department of Labor on the grounds that she was separated from her employment without just cause due to lack of work. A Claims Deputy approved her claim on August 29, 2013. Employer filed a Notice of Appeal to an Appeals Referee, and a hearing was held on September 17, 2013. The Appeals Referee reversed the decision of the Claims Deputy and found that Burton had voluntarily terminated her employment and was ineligible for unemployment benefits.Burton appealed the Appeals Referee's decision to the Unemployment Insurance Appeal Board (the "Board"). After a hearing on November 13, 2013, the Board affirmed the Appeals Referee's findings of fact and conclusions of law. This appeal followed.
STANDARD OF REVIEW
The Superior Court's review of a Board decision is ...