| LOWER APPEALS
DECISION
| DECISION DATE: July 22, 1993 |
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| CLAIMANT: Donnell Colbert |
APPEAL NO.: 9312574 |
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| EMPLOYER: Phillips Harborplace, Inc. |
L. O. NO.: 01 |
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APPELLANT: Claimant |
Issue: Whether the claimant's separation from this employment
was for a disqualifying reason within the meaning of the
MD. Code Annotated, Labor and Employment Article, Title
8, Sections 1001 (Voluntary Quit for good cause), 1002
-1002.1 (Gross/Aggravated Misconduct connected with the
work), or 1003 (Misconduct connected with the work).
- NOTICE OF RIGHT TO PETITION FOR REVIEW -
Any party may request a review either in person or by mail
which may be filed in any local office of the Department
of Economic and Employment Development, or with the Board
of Appeals, Room 515, 1100 North Eutaw Street, Baltimore,
MD 21201. Your appeal must be filed by August 6, 1993
Note: Appeals filed by mail are considered timely on the date
of the U.S. Postal Service postmark.
APPEARANCES
For the Claimant:
Present |
For the Employer:
Lynn Bradley, Wanda Taylor
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FINDINGS OF FACT
Claimant began working for employer on November 24, 1992; his last
day of work was December 13, 1992. He was employed part
time as a cook and was compensated at the rate $5 per
hour. Claimant voluntarily quit his job because he assumed
that Employer no longer wanted to continue his employment.
Claimant requested, with advanced notice, to be scheduled off on
December 19, and December 31, 1992. Shortly before December
19, 1992, Claimant learned that he had been scheduled
for that date, but was able to resolve the problem so
that he would be off on that date. Although Claimant had
requested to be off on December 31, 1992, Employer required
all employees to work on that date, since it was New Year's Eve.
An assistant manager contacted each employee on December
31, 1992 to remind them of the hours they were scheduled
to work and to assure that they intended to report to
work. When Claimant was contacted, he indicated that he
was unaware that he had been scheduled for that date and
that he intended to report to work shortly. Claimant did
not report to work at all on December 31, 1992 and did
not contact Employer after that date. His work schedule
had been previously cut from approximately three days
to approximately one day because of a decline in business,
Claimant was made aware at the time of hire that the amount
he would be scheduled to work would depend upon the level
of business activity. Claimant did not return to work
after his last day of work because he assumed tat he was
not being scheduled as many hours as he wanted because
of his request for time off and because he really didn't
care about his job with Employer, since he had another
job with Hardees.
CONCLUSIONS OF LAW
The Maryland Code, Labor and Employment Article, Title 8,
Section 1001, provides that an individual shall be disqualified
for benefits where his unemployment is due to leaving
work voluntarily, without good cause arising from or connected
with the conditions of employment or actions of the employer.
The preponderance of the credible evidence in the record
will support a conclusion that the claimant voluntarily
separated from employment, without good cause, within
the meaning of Title 8, Section 1001.
EVALUATION OF EVIDENCE
Claimant assumed that his hours were being cut as a reprisal for
schedule request and for his failure to report to work
on December 21, 1992. However, he did not contact Employer
to confirm his assumption or to attempt to resolution
of what he perceived to be a problem. Because he was not
in any position where he had no reasonable alternative
other than quitting his job, there is neither good cause
nor a valid circumstance for Claimant's voluntary separation
from employment.
DECISION
It is held that Claimant voluntarily left his employment,
but not for good cause or due to a valid circumstance.
He is disqualified from receiving unemployment insurance
benefits beginning December 13, 1992 and until such time
as he might become reemployed and earn wages for covered
employment in an amount equal to or greater than fifteen
times his weekly benefit and thereafter becomes unemployed
through no fault of his own.
The determination of the Claims Examiner is modified.
K. C. Sippel, ESQ., Hearing Examiner
Date of hearing: July 9, 1993
cld/Specialist ID: 01038
Seq. No.: 004
Copies mailed on July 22, 1993 to:
DONNELL L. COLBERT
PHILLIPS HARBORPLACE INC
LOCAL OFFICE #01
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