Summary of Issue: Reason For Separation

Decision A0056.09 Full Text of Decision A0056.09

The Commission concluded that the claimant had left his employment without just cause, had knowingly made a false statement by failing to declare his employment in his application for benefits. The Commission issued notices of debt, imposed a penalty and issued a notice of violation. The Umpire allowed the claimant's appeal finding that there was no evidence before the BOR on which it could base its decision that the claimant had voluntarily left an employment and failed to report that employment and the reasons for leaving it. The FCA found that had the Umpire referred to the record, he would have been bound to conclude that there was evidence to support the BOR's conclusion that the claimant left his employment without just cause and failed to disclose this employment.

Decision 55667 Full Text of Decision 55667

The BOR found that the penalty of $8,673 was too high and recommended that it should be reviewed based on the credibility of the claimant, on the fact that it was his first offense and that he replied with regret directly to the Commission's inquiry. The Commission however disregarded the recommendation. Held by Umpire that the Commission should explain to the claimant why it has not changed its decision in light of the BOR recommendation. It is not the purpose nor should it be the effect of penalties to financially cripple claimants in this manner.

Decision 40391 Full Text of Decision 40391

See summary indexed under FCA A-0186.98

Decision 14910 Full Text of Decision 14910

Terminates employment after 2-day trial period; reveals nothing, and does not report $28 earned. Even in answer to a direct question by the CEIC, does not say anything. Finally admits having tried to hide the situation. $200 penalty reduced to $28.

Decision 13968 Full Text of Decision 13968

Did not indicate on report card that he left his job. No reason to offer why he failed to. Appreciation of fact not to be disturbed by Umpire.

Decision 13428 Full Text of Decision 13428

In reporting to the Commission that he was laid off rather than he had quit his job, it is evident that the claimant wished to avoid any disentitlement. The Board reached the only conclusion reasonably open to it [$113 penalty].

Decision 13016 Full Text of Decision 13016

Reported earnings but left blank: if work ended, give reason. Technically, he may have been incorrect, but clearly lacks any element of a deliberate and willful intent to deceive. Penalty of $39 quashed.