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eBook details

• Title: Clayton Ridings v. Unemployment Insurance
• Author : New Castle County Superior Court of Delaware
• Release Date : January 10, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Claimant appeals the decision of the Unemployment Insurance Appeal Board (Board), which concluded that he left his job voluntarily without good cause and was thus disqualified from receipt of benefits. Claimant had been employed as an environmental protection officer (E.P.O.) with the State Department of Natural Resources and Environmental Control, through funding provided under the federal Comprehensive Employment Training Act (CETA). He alleged that he left involuntarily and with good cause in that his job involved dangerous situations for which he was not adequately trained. Error is alleged in the lack of substantial evidence supporting the Board's findings on the danger issue, the exclusion of relevant evidence, and the denial of claimant's due process right to testify. As to the first question, the role of the reviewing Court is simply to ascertain whether the Board's Conclusions are supported by substantial evidence and free from legal error. Air Mod Corp. v. Newton, Del. Super., 59 Del. 148, 215 A.2d 434 (1965). If this standard is satisfied, the Board's resolution of evidentiary and credibility conflicts is conclusive. Abex Corp. v. Todd, Del. Super., 235 A.2d 271 (1967). The burden of proof to show good cause for voluntarily terminating employment is on the claimant. Longobardi v. Unemployment Ins. App. Bd., Del. Super., 287 A.2d 690 (1971). Likewise, where, as here, the claimant contends that his resignation was compelled, or a product of adverse circumstances, he must bear the burden of proving so.

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