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Bailey v. Mountaire Farms

Superior Court of Delaware

September 13, 2019

DAVID T. BAILEY, Appellant,
v.
MOUNTAIRE FARMS and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.

          Submitted: 8/1/2019

          On Appeal from a Decision of the Unemployment Insurance Appeal Board. Affirmed.

          David T. Bailey, Pro Se Appellant.

          Barry M. Willoughby, Esq., and Lauren E.M. Russell, Esq., Rodney Square, Attorneys for Appellee, Mountaire Farms.

          Daniel C. Mulveny, Esq., and Victoria W. Counihan, Esq., Department of Justice, Carvel State Building, Attorneys for Appellee, Unemployment Insurance Appeal Board.

          MEMORANDUM OPINION

          STOKES, R.J.

         I. INTRODUCTION

         David 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.

         II. FACTUAL AND PROCEDURAL HISTORY

         Appellant 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.[1] 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.

         Appellant 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.

         On 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.

         III. STAN ...


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