Coleen D. Sabatino v. Steptoe & Johnson, PLLC

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of unemployment benefits to Coleen D. Sabatino, who voluntarily resigned from her legal secretary position at Steptoe & Johnson, PLLC. The Court held that she quit without good cause involving fault on the part of the employer under West Virginia Code § 21A-6-3(1), and that the Board of Review did not abuse its discretion in denying her request for an additional administrative hearing. The Court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Sabatino voluntarily quit her job without good cause involving fault on the part of Steptoe & Johnson and was therefore disqualified from receiving unemployment benefits under West Virginia Code § 21A-6-3(1).
2. The Board did not abuse its discretion in denying Sabatino's motion for a remand and additional hearing.
3. The ALJ did not abuse his discretion in admitting the parties' exhibits or in limiting testimony concerning Sabatino's performance improvement plan.

Questions Presented

1. Whether Sabatino voluntarily quit her employment without good cause involving fault on the part of Steptoe & Johnson under West Virginia Code § 21A-6-3(1).
2. Whether the Board of Review abused its discretion by denying Sabatino's motion for an additional administrative hearing before a different ALJ.
3. Whether the ALJ abused his discretion by admitting the exhibits offered by the parties and by limiting testimony concerning Sabatino's performance improvement plan.

Disposition

affirmed