JAMES K. KAZONGO, Appellant,
J&J STAFFING RESOURCES, INC., and THE UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellees.
Submitted: August 1, 2018
Consideration of Appellant's Appeal of the Decision of
the Unemployment Insurance Appeal Board, AFFIRMED.
K. Kazongo, Wilmington, DE. Pro Se Appellant.
Mulveny, Esquire, and Victoria W. Counihan, Esquire,
Wilmington, DE. Attorneys for Appellee Unemployment Insurance
L. MEDINILLA JUDGE.
an appeal from the Unemployment Insurance Appeal Board
("Board"). Appellant James K. Kazongo
("Employee") timely appeals the Board's January
30, 2018 decision that Employee voluntarily left his
employment therefore disqualifying him from the receipt of
unemployment benefits. Upon consideration of the facts,
arguments, and evidence set by the parties; statutory and
decisional law; and the entire record in this case,
Court hereby finds as follows:
Employee was employed as an Assembly Worker and Laborer on an
"as needed" basis at J&J Staffing Resources,
Inc. ("Employer") from April 28, 2017 until June
Employer has a company policy that was included within
Employer's, "Temporary Services Employment Agreement
- DE" and the employee handbook. It provides that when an
assignment is complete, an employee must contact Employer to
request placement in a new position within 48 hours after the
end of the assignment and every day thereafter that the
employee is available for work. It is considered a voluntary quit
if an employee does not contact Employer according to the
policy. Employee was presented with and signed a
copy of both the "Temporary Services Employment
Agreement - DE" and the Handbook Acknowledgement Form on
April 26, 2017. Employee testified that he did not read
the Employer's policy when he signed it because he was
presented with multiple papers to sign upon
Board found that Employee's assignment ended on June 26,
2017.Employee claimed that he called Employer
two days after his assignment ended, and proceeded to call
weekly after that point to ask about available
work. Employer asserted that Employee did not
contact Employer, as per the employment policy, until October
2017 and therefore considered him to have voluntarily quit.
Employee filed a claim for unemployment benefits with the
Division of Unemployment Insurance on October 1,
2017. On October 26, 2017, a Claims Deputy
found that Employee voluntarily left his employment and was
disqualified from the receipt of benefits pursuant to 19
Del. C. §§ 3314(1) and 3327.
November 1, 2017, Employee filed an appeal of the Claims
Deputy's decision to an Appeals Referee. A hearing
de novo was held on November 16, 2017, where the
Appeals Referee heard testimony from Employee and
Employer's Representative Kim Sharp
("Sharp"). During the hearing, Appeals Referee
admitted two documents into evidence, which included the
"Temporary Services Employment Agreement - DE"
signed by Employee and "J&J Staffing Resources'
Tips for Success" with a Handbook Acknowledgement Form
signed by Employee. The Appeals Referee reversed the Claims
Deputy's decision that Employee voluntarily quit his
position of employment. The Appeals Referee held that
Employee was not disqualified from benefits pursuant to 19
Del. C. §§ 3314(1) and 3327.
November 29, 2017, Employer appealed the Appeals
Referee's decision to the Board. A hearing was held on
December 27, 2017. On January 30, 2018,  the Board
reversed the Appeals Referee's decision and found that
Employee voluntarily left his employment and was disqualified
from receiving benefits pursuant to 19 Del. C.
Employee filed this appeal of the Board's decision on
February 9, 2018 and his opening brief on April 17, 2018. He
contends that he "was misrepresented, mischaracterized
[b]y J&J staffing...and [he] was never voluntarily quit
[his] job."He also asserts that he called two days
after his assignment ended "to request a new
assignment[.]" Having considered all submissions, the
matter is now ripe for review.
an appeal from the Board, this "court must determine
whether the findings and conclusions of the Board are free
from legal error" and whether they are "supported
by substantial evidence in the record." Substantial
evidence is "such relevant evidence as a reasonable mind
might accept as adequate to support a
conclusion." The Superior Court does not "weigh
the evidence or make determinations based on credibility or
facts." Absent an abuse of discretion by the
Board, this Court will uphold the Board's
Pursuant to 10 Del. C. § 3314(1), a person is
disqualified from receiving benefits if that individual
leaves "work voluntarily without good cause attributable
to such work...." The employee has the burden "to
establish good cause attributable to the employment that
justifies voluntarily leaving work." If an
employee is a temporary employee at a temporary help firm, he
or she "will be deemed to have voluntarily quit
employment if the employee does not contact the temporary
help firm for reassignment upon completion of an
assignment."Additionally, the employee must have
"been advised of the obligation to contact the firm..
.and that unemployment benefits may be denied for failure to
do so" in order for the failure to contact to be
considered a voluntary quit.
Employee argues he did not voluntarily quit because an
employee of J&J Staffing Resources told him that they
would "call [him] if something comes up" after he
called to request a new assignment two days after his
assignment had ended. He further asserts that he could not
have quit where the Employer called on October 4, 2017 to ask
if he was available, arguing if "an employee ...