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Berkley v. D.C. Transit, Inc.

The D.C. Court of Appeals reversed a decision of the Office of Administrative Hearings affirming a determination of the D.C. Department of Employment Services disqualifying the petitioner from receiving unemployment compensation benefits. The appeals court stated that it was "unable to say" either that substantial evidence supported certain of the administrative law judge's findings and conclusions or that, in light of the circumstances of this case, the ALJ properly excluded certain evidence that the petitioner sought to present. The matter was remanded to the Office of Administrative Hearings for findings and conclusions not inconsistent with the court's opinion.

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Submitted May 22, 2008

Before REID and FISHER, Associate Judges, and NEBEKER, Senior Judge.

Petitioner, Ruth E. Berkley, seeks review of a decision of the Office of Administrative Hearings (“OAH”) affirming a determination of the District of Columbia Department of Employment Services (“DOES”) disqualifying her from receiving unemployment compensation benefits. Ms. Berkley, who proceeded pro se before the OAH, claims that the Administrative Law Judge (“ALJ”) inadequately and erroneously explained the employer’s burden of proof, and improperly suggested that she had to testify to satisfy her “burden,” even though the employer did not appear at the hearing and offered no proof as to whether she voluntarily quit her job. She also claims that OAH improperly analyzed the “voluntary leaving” or “voluntary quit” issue, and further contends that the record does not support a finding that she did not have good cause to leave her position. We reverse OAH’s decision and remand this matter to OAH for findings and conclusions not inconsistent with this opinion.

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