LOWER APPEALS DECISION
|DECISION DATE: 8/2/82
|CLAIMANT: Deborah K. Montaque
||APPEAL NO.: 07476
|EMPLOYER: Baltimore City School
||L. O. NO.: 1
Issue: Whether the claimant was unemployed within the meaning of Section 20(1) of the Law.
- NOTICE OF RIGHT OF FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A FURTHER
APPEAL AND SUCH APPEAL MAYBE FILED IN ANY EMPLOYMENT SECURITY
OFFICE, OR WITH THE APPEALS DIVISION, ROOM 515, 1100 NORTH
EUTAW STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON
OR BY MAIL.
THE PERIOD FOR FILING A FURTHER APPEAL EXPIRES AT MIDNIGHT
ON August 17, 1982.
|For the Claimant:
|For the Employer:
Sr. Staff Specialist
FINDINGS OF FACT
The claimant filed a claim for unemployment insurance benefits,
effective June 21, 1981. Her weekly benefit amount was determined to be $70.
The claimant filed a claim for benefits for the claim week
ending July 4, 1981. Her employer, Baltimore City Schools,
reported earnings in the amount of $240. The claimant's
last pay stub was dated June 23, 1981. The case was continued,
so that the employer could. present additional evidence,
if she worked during the week in question. They did not
appear or present such evidence. The claimant denied that
she worked for the claim week ending July 4, 1981, for
Baltimore City Schools.
The claimant received $70 from the Agency for the claim week
ending July 4, 1981, and she was charged an overpayment for this.
During the claim week ending August 22, 1981, the claimant's
employer originally reported $170 as earnings. The claimant
worked at the baseball games, when the Orioles were playing
in Baltimore. She presented two pay stubs for the period
ending August 14 1981, in the amount of $170 and for the
period ending August 21, 1981, the pay period ends on
Thursday, these stubs amounted to $220.
The claimant alleged that she did not work during the claim
week ending August 22, 1981, however, she was granted
a continuance to get her pay stubs. She presented them
but she did not present any other evidence from the employer,
that she was not employed during this period. She contended
that she was paid a week late.
The claimant received $70 from the Agency for the claim week ending August 22, 1981.
CONCLUSIONS OF LAW
It is found that the claimant was eligible for benefits and
not employed for the claim week ending July 4, 1981. The
overpayment of $70 charged against the claimant must be cancelled.
However, it is found that the claimant worked and received wages
in excess of her weekly benefit amount of $70 for the
claim week ending August 22, 1981. Therefore, the $70
that she received must be repaid to the Agency.
The claimant was not employed during the claim week ending
July 4, 1981, the overpayment of $70 is cancelled.
The claimant was not eligible for benefits within the meaning
of Section 4 and 20(1) for the claim week ending August
22, 1981, she is overpaid $70 for this week.
The claimant's total overpayment is now $70, not $140 the
determination of the Claims Examiner is modified accordingly.
John F. Kennedy Jr.
Date of hearing: 7/2/82
Copies mailed to:
Unemployment insurance - Baltimore
American Center and Sons Inc.
c/o Reed Roberts, Inc.