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CCH® UNEMPLOYMENT INSURANCE — 5/22/15

Virginia court awards benefits to claimant when employer fails to meet its burden of proof

The court affirmed that part of the Commission’s decision finding that the claimant did not voluntarily leave work without cause. On review, the court found that the facts demonstrated that while the claimant walked off the job of her own volition, she did not actually state she was quitting. She also called in sick the following day and attempted to return to work. Therefore, she did not evidence the requisite intention to quit. However, on the issue of misconduct, the court reversed the Commission’s decision, concluding it erred in finding that the claimant was discharged for misconduct. In fact, the employer refused to admit that she was discharged at all. Therefore, because the employer did not admit the claimant was discharged, it could not have carried the burden of proof, and it was error for the Commission to find as such. The matter was remanded to the agency (Cynthia Swenson v. VEC, Va. Cir. Ct., No. CL14-4474, April 7, 2015).