DAVID T. BAILEY, Appellant,
MOUNTAIRE FARMS and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.
Appeal from a Decision of the Unemployment Insurance Appeal
T. Bailey, Pro Se Appellant.
M. Willoughby, Esq., and Lauren E.M. Russell, Esq., Rodney
Square, Attorneys for Appellee, Mountaire Farms.
C. Mulveny, Esq., and Victoria W. Counihan, Esq., Department
of Justice, Carvel State Building, Attorneys for Appellee,
Unemployment Insurance Appeal Board.
Bailey ("Appellant") has appealed the decision of
the Unemployment Insurance Appeals Board ("UIAB" or
"Board") to deny Appellant's claim for
unemployment benefits. The Board found that Appellant
voluntarily terminated his employment with Mountaire Farms of
DE Inc. ("Employer") without good cause and is
accordingly disqualified from receiving unemployment
benefits. For the reasons stated herein, the Board's
decision is AFFIRMED.
FACTUAL AND PROCEDURAL HISTORY
voluntarily quit his employment with Employer on November 2,
2018. Appellant had undergone hip replacement surgery on June
22, 2018 and was in need of another hip replacement. Upon
returning to work, Appellant received medical restrictions
from his doctor. These medical restrictions allowed Appellant
to perform sedentary work. Appellant notified Employer's Human
Resources department of the medical restrictions. Employer
accommodated Appellant by moving him to another position as a
Materials Clerk. Appellant requested a housekeeping job but
this was the only position available for him.
attempted to work in the new position but was unable to
continue due to his medical limitations. Appellant notified
his supervisor that he was unable to continue working and
went back to Employer's Human Resources department and
resigned. Employer told Appellant that they did not want to
lose him. Appellant signed a document stating that he was
leaving on good terms so he could be rehired by Employer.
November 18, 2018, Appellant applied for unemployment
compensation benefits. The Claims Deputy determined that
Appellant was disqualified from receiving benefits because he
voluntarily terminated his employment without good cause
attributable to his employment.
Appellant appealed to the Appeals Referee who affirmed the
Claims Deputy's decision finding that Appellant failed to
provide sufficient evidence that there was good cause to
leave his employment. Appellant appealed the Referee's
decision to the Board. The Board affirmed the Referee's
decision finding that Appellant voluntarily left his
employment without good cause attributable to his work and is
therefore disqualified from receiving unemployment benefits.
Appellant now appeals the Board's decision to this Court.