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Jenkins v. Kelly Services Inc.

Superior Court of Delaware

October 17, 2017

GABRIELLE JENKINS, Appellant,
v.
KELLY SERVICES INC., STATE OF DELAWARE DIVISION DIVISION OF UNEMPLOYMENT INSURANCE, & UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellees.

          Date Submitted: August 4, 2017

         Upon Appeal from the November 27, 2016 decision of the Unemployment Insurance Appeal Board: AFFIRMED.

          Gabrielle Jenkins, pro se, Appellant.

          Victoria W. Counihan, Deputy Attorney General, Delaware Department of Justice, 820 North French Street, Wilmington, Delaware, Attorney for Appellees.

          OPINION

          JAN R. JURDEN PRESIDENT JUDGE.

         I. INTRODUCTION

         Appellant Gabrielle Jenkins ("Jenkins") appeals the Unemployment Insurance Appeal Board's ("The Board") November 27, 2016 decision to affirm a Delaware Division of Unemployment Insurance ("The Division") overpayment determination of unemployment benefits.[1] For the reasons set forth below, The Board's decision is AFFIRMED.

         II. BACKGROUND

         Jenkins filed a claim for unemployment insurance benefits on May 3, 2015 (the "First Claim").[2] She filed a new claim for unemployment insurance benefits on May 29, 2016 (the "Second Claim").[3] Jenkins was awarded and collected a weekly benefit amount of $239.00 for the Second Claim.[4]

         A wage audit investigation by the Division revealed that Jenkins had not reported the wages paid to her by her employer, Kelly Services Inc., during the weeks ending February 20, 2015 through April 2, 2016, a period during which she was also receiving unemployment benefits.[5]

         On September 2, 2016, pursuant to 19 Del. C. § 3314(6), a Division Claims Deputy issued a determination disqualifying Jenkins from the receipt of benefits for fraud for knowingly failing to disclose a material fact to obtain benefits to which she was not lawfully entitled.[6] The disqualification from receipt of benefits was effective for one year, from the week ending February 20, 2016 through the week ending February 18, 2017.[7] Jenkins did not file an appeal of the disqualification determination within ten days and, therefore, it became final and unreviewable on September 12, 2016.[8]

         As a result of the disqualification decision becoming final, the Division began two separate administrative proceedings to establish the overpayment amounts under the First Claim and the Second Claim. The period of disqualification, February 2016 to February 2017, spanned both the First Claim and the Second Claim. The amount due as a result of the First Claim, $170.00, was taken out of Jenkins' taxes and is not in dispute.[9]

         On September 20, 2016, pursuant to 19 Del. C. § 3325, a Division Claims Deputy issued an overpayment determination for the portion of the one-year disqualification period that fell within the Second Claim.[10] The overpayment amount was determined to be $1, 976.00, for 9 weeks during the time period of July 2, 2016 to August 27, 2016.[11] On September 27, 2016, Jenkins appealed the Second Claim overpayment determination.[12]

         On October 11, 2016, the Division held a hearing on appeal of the overpayment determination from the Second Claim.[13] At the hearing, a Division representative testified that, in reviewing Jenkins' file, she discovered three weeks that had not been included in the Second Claim overpayment determination.[14] The Division representative amended the overpayment determination to include 12 weeks, the weeks ending June 4, 2016 through August 27, 2016, for a total amount of $2, 693.00.[15] After the hearing, The Division upheld the overpayment determination relating to the Second Claim as revised by the Division representative.[16]

         On October 16, 2016, Jenkins appealed the Division's October 11, 2016 decision to the Board.[17] On November 27, 2016, the Board affirmed the decision of the Division.[18] Jenkins then appealed the Board's decision to this Court.[19]

         III. ...


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