Christine A. Stefanko v. W. Va. Bureau of Employment Programs, Board of Review

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of unemployment compensation benefits to Christine A. Stefanko after she was terminated for violating a Last Chance Agreement following an unexcused absence. The court held that the circuit court properly reviewed and affirmed the Board of Review's decision and adopted the circuit court's findings and conclusions.

Holdings

1. The circuit court did not improperly review the Board's decision and did not err in affirming the denial of unemployment compensation benefits.
2. A reviewing court gives substantial deference to the Board of Review's factual findings and reviews legal questions de novo; factual findings should not be set aside unless clearly or plainly wrong.

Questions Presented

1. Whether the circuit court erred by affirming the administrative law judge without determining whether the Last Chance Agreement was a qualifying provision under West Virginia law.
2. Whether the circuit court erred by affirming the denial of unemployment benefits without applying the rules of liberality afforded to unemployment compensation claimants.
3. Whether the circuit court properly reviewed and affirmed the Board of Review's determination that Stefanko was disqualified from benefits for gross misconduct.

Disposition

affirmed