Preview:

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 986 SEPTEM BER TERM, 2008

MICHELLE PARHAM v. DEPARTMENT OF LABOR, LICENSING & REGISTRATION, ET AL.

Salmon, Kehoe, Kenney, James A., III (retired, specially assigned),

JJ.

Opinion by Kenney, J.

Filed: December 30, 2009

Michelle Parham, appellant, filed a claim for unemployment benefits following the end of her employment with Mid Atlantic Baking Co., LLC ("Mid Atlantic"). A Claims Specialist from the Department of Labor, Licensing and Regulation ("DLLR") granted Parham benefits on July 19, 2007. Mid Atlantic appealed, and a hearing was held on August 21, 2007. On August 30, 2007, the DLLR hearing examiner found that Parham had left Mid Atlantic's employment voluntarily and, therefore, was not entitled to unemployment benefits. She appealed to the DLLR Board of Appeals ("the Board"), which adopted the hearing examiner's findings of fact and affirmed his decision to deny her benefits. The Circuit Court for Baltimore City affirmed the decision of the Board on July 1, 2008. Parham appeals that decision, raising one question, which we have reworded as follows: 1 Was the hearing examiner's finding and conclusion that Parham voluntarily quit her job, which was adopted by the Board, supported by competent, material, and substantial record evidence? For the following reasons, we shall reverse the judgment of the circuit court. FACTUAL AND PROCEDURAL BACKGROUND Parham was employed at Mid Atlantic from January 31, 2007, through April 14, 2007. During this period she missed three days of work: March 5, April 11 and April 12. On April 14, 2007, she returned to work for her next scheduled shift following the April 11 and 12 absences. After Parham "clocked in," Barbara Wolferman, the "manager" on duty, asked to Parham asked: "Did the DLLR decision violate the appellant's right to due process of law because the only evidence of the appellant's intent in separating from Mid Atlantic is unreliable hearsay that does not constitute substantial evidence?" -11

talk with her. The substance of this conversation, which is the heart of this matter, is disputed. What is not in dispute is that, when the conversation ended, Parham left the premises without "clocking out" and did not contact Mid Atlantic again. On June 19, 2007, a Claims Specialist from DLLR determined that "insufficient information [had] been presented to show that the claimant's actions constituted misconduct in connection with the work" and that "the circumstances surrounding the separation [did] not warrant a disqualification under section 8-1002[2] or 8-1003[3] of the Maryland Unemployment Insurance Law." Mid Atlantic appealed the Claim Specialist's determination on August 3, 2007. The notice of a hearing on the appeal, sent to Parham on August 7, 2007, stated that the issues on appeal were: "Whether the claimant's separation from this employment was for a

Maryland Code (1991, 1999 Repl. Vol.),

Download Parham v. Dept. Labor, Licensing & Reg..pdf

Maryland Law