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SUPERIOR COURT
OF THE

STATE OF DELAWARE E. SCOTT BRADLEY
JUDGE 1 The Circle, Suite 2 GEORG ETOW N, DE 19947

July 24, 2012

Judith A. Miller 31775 Janice Road Whispering Pines Lewes, DE 19958 RE: Judith A. Miller v. Sleep Inn & Suites C.A. No. S11A-12-006

Date Submitted: April 13, 2012 Dear Ms. Miller: This is my decision on your appeal of the Unemployment Insurance Appeal Board's denial of your claim for unemployment benefits. You worked part-time for less than a month as a front desk clerk for Sleep Inn & Suites. You quit your job because your employer would (1) not let you adjust the air temperature in the office, (2) would not let you sit on a stool at work, (3) would not give you more hours, and (4) criticized your computer skills. You filed a claim for unemployment benefits on July 10, 2011. Your employer argued that you were not entitled to unemployment benefits because (1) your supervisor told you that you could wear a sweater if you were cold, (2) your supervisor told you that you could sit on a chair when you were not waiting on guests at the front desk, (3) you were never promised a certain number of hours, and (4) your supervisor offered to give you more training on the computer system. The Claims Deputy, Appeals Referee and Board all denied your claim for unemployment benefits, finding that you (1) did not quit your job for good cause, and (2) failed to exhaust your administrative remedies before quitting your job. You filed an

appeal with this Court, arguing that the Board's decision was based upon limited evidence and that you have more evidence available to demonstrate that you quit your job for good cause. STANDARD OF REVIEW The Supreme Court and this Court repeatedly have emphasized the limited appellate review of the factual findings of an administrative agency. On appeal from a decision of the Board, this Court is limited to a determination of whether there is substantial evidence in the record sufficient to support the Board's findings, and that such findings are free from legal error.1 Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.2 The Board's findings are conclusive and will be affirmed if supported by "competent evidence having probative value."3 The appellate court does not weigh the evidence, determine questions of credibility, or make its own factual findings.4 It merely determines if the evidence is legally adequate to support the agency's factual findings.5 Absent an error of law, the Board's decision will not be disturbed where there is substantial evidence to support its conclusions.6

DISCUSSION

Unemployment Ins. Appeals Board of the Dept. of Labor v. Duncan, 337 A.2d 308, 309 (Del. 1975). Oceanport Ind. v. Wilmington Stevedores, 636 A.2d 892, 899 (Del. 1994); Battista v. Chrysler Corp., 517 A.2d 295, 297 (Del. Super. 1986), app. dism., 515 A.2d 397 (Del. 1986).
3 2

1

Geegan v. Unemployment Compensation Commission, 76 A.2d 116, 117 (Del. Super. Johnson v. Chrysler Corp., 213 A.2d 64, 66 (Del. 1965). 29 Del.C.

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