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Green v. Macy's

Supreme Court of Delaware

May 1, 2018

GALE GREEN, Appellant Below, Appellant,
v.
MACY'S and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellees Below, Appellees.

          Submitted: February 9, 2018

          Court Below-Superior Court of the State of Delaware

          Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.

          ORDER

          Leo E. Strine, Jr. Chief Justice.

         (1) The appellant, Gale Green, filed this appeal from a Superior Court order dated September 7, 2017, affirming a decision of the Unemployment Insurance Appeal Board disqualifying Green from continuing to receive unemployment benefits.[1] We find no merit to the appeal.[2] Accordingly, we affirm the Superior Court's judgment.

         (2) Green began receiving unemployment benefits in September 2016 after losing her job as a certified nursing assistant. In October 2016, Green attended a job fair at Macy's Department Store and was hired the same day as a part-time cashier. Green quit the job later that day when she realized that the job required certain computer skills, which she neither had nor believed she could learn.

         (3) In November 2016, a Claims Deputy disqualified Green from continuing to receive unemployment benefits after determining that Green voluntarily left her job with Macy's without good cause. Green appealed the Claims Deputy's determination. At the hearing before the Appeals Referee, Green explained her reasons for leaving the job, testifying:

I was hired at Macy's, and I explained that I could not use the computer because it was a computer with some other numbers and things on it. So I could not use the computer without help. So the Macy's personnel gave me a book and told me to go into this room and, you know, start logging in and start doing different things. So I told the lady I couldn't do it, that I'm not used to the computer, that I've been in nursing for 20-something years.[3]

         The Appeals Referee affirmed Green's disqualification from unemployment benefits on the basis that she voluntarily left her employment without good cause.

         (4) Green appealed the Appeals Referee's decision to the Unemployment Insurance Appeal Board and testified at a hearing before the Board. The Board issued a decision affirming the Appeals Referee's decision. The Board decided:

[T]he Claimant voluntarily quit her job after one hour of employment because she felt she could not do the computer work required by the Employer. The Claimant's reason was personal and insufficient to justify the Claimant's return to the ranks of the unemployed. As such, the Board finds the Claimant has not met her burden and affirms the Referee's decision.[4]

         (5) Green appealed the Board's decision to the Superior Court. The Superior Court considered Green's brief on appeal and affirmed the Board's decision. This appeal followed.

         (6) Our standard of review from a decision of an administrative board is the same as the Superior Court's.[5] Accordingly, we review the Board's decision here for errors of law and determine whether substantial evidence exists to support the Board's findings of fact and conclusions of law.[6]

         (7) On appeal, Green continues to state that she left the cashier's job at Macy's because she did not know how to use a computer. She asserts that leaving the job for this reason should not have disqualified her from receiving unemployment benefits because she told Macy's before she was hired that she had no experience with computers. Green ...


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