| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
Summary:
The claimant was employed until October 16, 2008, at which time she voluntarily left her employment stating that she left to prepare for a trip. Based on her testimony at the hearing, the BOR found that the claimant left her employment due to a shortage of work and that she was available during the period at issue. The Umpire confirmed the BOR's decision. The FCA held that the BOR erred in law by relying solely on the claimant's testimony at the hearing, thereby ignoring without explanation the initial and spontaneous statements made by the claimant demonstrating that she left her employment voluntarily without just cause. The BOR further erred in law by concluding that the claimant had established her availability on the basis of her job search efforts following the period at issue.
