Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Walker v. Unemployment Insurance Appeal Board

Superior Court of Delaware, Kent

March 12, 2015

TEREDA D. WALKER, Appellant,
v.
UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.

Submitted: December 2, 2014

Upon an Appeal from the Unemployment Insurance Appeal Board.

Tereda D. Walker, pro se

Paige J. Schmittinger, Esquire, Department of Justice, Wilmington, Delaware; attorney for the Unemployment Insurance Appeal Board.

ORDER

WITHAM, R.J.

The issue before the Court is whether the Unemployment Insurance Appeals Board correctly determined that the Appellant was disqualified from the receipt of unemployment benefits because she voluntarily left her employment without good cause attributable to her work.

FACTS AND PROCEDURE

This is a pro se appeal by Tereda Walker (hereinafter "Walker") from the decision of the Unemployment Insurance Appeals Board (hereinafter "the UIAB" or "the Board") affirming the decision of the Appeals Referee which found Walker was disqualified from receipt of unemployment benefits pursuant to 19 Del. C. § 3314(1).

Since the Board affirmed the Referee's determination and adopted her factual findings as those of the Board, the Court begins by restating the factual findings made by the Appeals Referee, substantially in their entirety:

[Walker] worked for the Delaware Department of State/Division of Corporations (hereinafter the "employer") as a franchise tax assistant from September 24, 2012 through January 29, 2014. At the time of discharge, she was working full-time and earned $13.16 per hour.
[Walker] was absent from work under the Family Medical Leave Act (FMLA), beginning August 1, 2013 as she was to undergo surgery and rehabilitation in connection with an underlying medical condition. When her FMLA expired, she continued to take leave under short term disability and was due to return to work on January 29, 2014. However, on October 19, 2013, her daughter, born in August 1992, became seriously ill with Guillain-Barre Syndrome while away at college. Her daughter was paralyzed as a result of the illness and was hospitalized twice for prolonged periods. After her second release from the hospital, her daughter was required to go through extensive rehabilitation. Even though she was recovering herself, she needed to provide care for her daughter and continues to provide care for her daughter during the rehabilitation process.
As she was unable to work, she resigned from employment effective January 29, 2014.[1]

Both the Appeals Referee and the Board ultimately concluded that Walker was disqualified from receiving unemployment benefits pursuant to 19 Del. C. ยง 3314(1) because she voluntarily left her employment without good cause attributable to her employment. Now before this Court is Walker's appeal. For the reasons stated below, this Court finds that the Board's decision is supported ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.