LOWER APPEALS DECISION
|DECISION DATE: 03/09/93
|CLAIMANT: Susan S. Bailey
||APPEAL NO.: 9301706
|EMPLOYER: Mutual Of Omaha Ins. Co.
Howard Johnson Associates
|L. O. NO.: 005
Issue: Whether the claimant left work voluntarily, without good
cause, within the meaning of MD Code, Labor and Employment
Article, Title 8, Section 1001.
- NOTICE OF RIGHT TO FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A FURTHER
APPEAL AND SUCH APPEAL MAY BE FILED IN ANY OFFICE OF THE
DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT, OR
WITH THE BOARD OF APPEALS, ROOM 515, 1100 NORTH EUTAW
STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR
BY MAIL THE PERIOD FOR FILING A FURTHER APPEAL EXPIRES
ON March 24 1993.
NOTICE: APPEALS FILED BY MAIL INCLUDING SELF-METERED MAIL ARE
CONSIDERED FILED ON THE DATE OF THE U.S. POSTAL SERVICE POSTMARK
|For the Claimant:
Susan S.Bailey- Present
| For the Employer:
Bevery McDonald, Supervisor
FINDINGS OF FACT
The claimant, Susan S. Bailey, was employed by Mutual of Omaha
from May 29, 1990 until December 7, 1992 as a technical
assistant earning an annual salary of $22,000. As a result
of the claimant's extended authorized Thanksgiving vacation,
she had exhausted all of her leave time. The claimant
worked on December 7, 1992 for one half day and left to
take care of a sick child. She called her employer
on the 8th and 9th.
On December 10, 1992, the claimant did not call and did not
show up for work. Her employer phoned her and was informed,
by the claimant, that she had to take her sick child to
the hospital. December 11, 1992 resulted in no call/no
show on the part of the claimant. A co-worker went to
the claimant's residence and determined that she had moved.
In the instant case, the claimant abandoned her position
pursuant to company policy. The claimant was informed
that she needed to maintain contact with her employer
in order to determine her availability for work
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.
It is held that the unemployment of the claimant was due
to leaving work voluntarily, without good cause, within
the meaning of Maryland Code, Labor and Employment Article,
Title 8, Section 1001. Benefits are denied for the week
beginning December 6, 1992 and until the claimant becomes
reemployed, earns at least ten times her weekly benefit
amount in covered wages, and thereafter becomes unemployed
through no fault of her own.
The determination of the Claims Examiner is modified.
Charles Weinberg, Hearing Examiner
Date of Hearing: February 23, 1993
cld/Specialist ID: 05389
(Cassette Attached to File)
Copies mailed on March 9, 1993 to:
Unemployment Insurance - Frederick (MABS)