STEELE, Chief Justice:
Linda Thompson appeals from a Superior Court judgment reversing the determination of the Unemployment Insurance Appeals Board that good cause existed for Thompson's voluntary resignation and granting her unemployment benefits. Thompson contends that: (1) good cause existed for voluntarily terminating her employment, (2) she exhausted her administrative remedies, and (3) substantial evidence in the record supported the UIAB's decision. Because we find that substantial evidence did not support the UIAB's decision and that the UIAB erred as a matter of law by concluding that Thompson was entitled to benefits pursuant to 19 Del. C. § 3314(1)
From September 2002 to February 2008, Thompson worked as an administrative assistant for Howard Wellness Center which is a medical facility operated by Christiana Care Health System. Thompson testified that from 2006 to 2008, her working environment was "very disruptive," involving power struggles and repeated employee disagreements. Specifically, Thompson claims that she got into several disagreements with her supervisor, Leighanne Hollans. Thompson testified that after returning from an internal transfer interview that Hollans accused Thompson of not being a team player and of abandoning her. Because of the stressful work environment, Thompson explained, her "health was in jeopardy. I'd come in everyday, upset, leave upset because these grown up people were not being professional."
The Center's employee relations representative testified that Thompson could have reported her grievances "up her chain of command," and that "[s]he could at any point contact human resources and employee relations" about her employment issues. Thompson did not follow either of those procedures. Three or four months before she resigned, Thompson contacted a recruiter in Human Resources, rather than an Employee Relations representative, and complained to the recruiter about the disruptive work environment.
Thompson also contacted Kathy Cannatelli, the Center's manager who oversaw
On January 29, 2008, Thompson met with Cannatelli to discuss Thompson's dissatisfaction with her current position. Thompson requested a transfer out of the Center and if a transfer were not possible, she would resign. Cannatelli responded that a transfer was not available at that time. After her meeting with Thompson, Cannatelli contacted Michelle Eklund who managed employee relations for Christiana Care's Wellness Centers. Eklund denied any prior knowledge of Thompson's complaints regarding her employment; however, Cannatelli and Eklund began the process of reviewing Thompson's complaints.
On February 1, 2008, Thompson submitted her letter of resignation. On March 2, 2008, Thompson applied for unemployment benefits. On March 18, 2008, the Claims Deputy determined that Thompson had voluntarily quit without good cause, thereby disqualifying her from receiving unemployment benefits. On March 24, 2008, Thompson appealed the decision of the Claims Deputy to the Appeals Referee. Following a hearing, the Appeals Referee affirmed the Claims Deputy's decision. On May 13, 2008, Thompson appealed to the UIAB. After a hearing, on July 16, 2008 the UIAB reversed the Appeals Referee and found that Thompson had voluntarily terminated her employment for "good cause" entitling her to unemployment benefits. CCHS appealed the UIAB's decision, which the Superior Court reversed on February 8, 2010. The Superior Court reasoned that "unhappiness arising out of an unpleasant work environment does not constitute `good cause' for purposes of 19 Del. C. § 3314(1)."
On appeal, Thompson advances three assignments of error: (1) she voluntarily terminated her employment for good cause, (2) she exhausted her administrative remedies before voluntarily terminating her employment, and (3) the Superior Court incorrectly held that the record lacked substantial evidence supporting the UIAB's decision.
Upon review of the Superior Court's reversal of a UIAB decision our function "is limited to a determination of whether there was substantial evidence sufficient to support the [UIAB's] findings[,]"
Thompson contends that she voluntarily terminated her employment for good cause, and thus is entitled to unemployment benefits. Specifically, Thompson claims that the problematic nature of her work environment, especially the excessive turnover, unprofessional conduct and inability to transfer, created a chaotic atmosphere which justified her voluntarily terminating her employment.
Under 19 Del. C. § 3314(1), an individual cannot qualify for unemployment benefits where that individual leaves work "voluntarily without good cause attributable to such work. . . ."
This Court has not previously defined good cause in the context of unemployment compensation. The Federal Unemployment Tax Act bars unemployment benefits if an employee voluntarily leaves work without good cause.
The UIAB found that, "[a]lthough it does not appear that [Thompson] was the focus of [] hostility, she did work around or among fellow workers who did not get along, and she was faced with a turnover of co-workers, whereas she could not obtain a transfer."
The Superior Court, relying on Swann v. Cabinetry Unlimited
The record does not support Thompson's assertion that she voluntarily terminated her employment because the Center denied her requests to transfer to other wellness centers. Nothing in the record supports the factual finding, made by the UIAB, that "others were allowed to transfer to another facility or a different job, but [Thompson] was repeatedly denied this option."
Thompson contends that the Superior Court erroneously determined that the UIAB lacked substantial evidence to find that she did "something akin to exhausting [her] administrative remedies by, for example, seeking to have the situation corrected by proper notice to [her] employer . . ."
Under 19 Del. C. § 3314(1), an employee must first exhaust all reasonable alternatives to resolve the issues underlying her employment before voluntarily terminating employment. In order to exhaust all reasonable alternatives, the employee must at least notify the employer
The record reflects that Thompson contacted a recruiter in Human Resources to discuss transferring offices and informed the recruiter about her dissatisfaction. Thompson did not contact an Employee Relations representative to resolve her grievances. Thompson also attempted to express her complaints to Cannatelli before resigning. Thompson did not believe that she could contact anyone higher in her chain of command. Three days before resigning, Thompson met with Cannatelli to discuss her unhappiness with Hollans and her work environment. Thompson told Cannatelli that she wanted to transfer or, failing that, would resign. Cannatelli then contacted Eklund, from Employee Relations to discuss Thompson's claims
The UIAB found that Thompson focused on obtaining a transfer, rather than pursuing a remedy for the job conditions. Thompson's attempt to discuss her grievances with the recruiter while trying to obtain a transfer does not absolve her obligation to exhaust all reasonable alternatives because the CCHS recruiters lacked the authority and relevant information to resolve her underlying issues. A reasonably prudent employee desiring to maintain employment would have utilized the available procedures and protocols established by the employer, which here included contacting Employee Relations or Management. Thompson did eventually contact Cannatelli, a supervisor in her chain of command but only three days before resigning. Unfortunately, as the UIAB found, Thompson became frustrated and abandoned her attempt to remedy the situation. But the record does not support the UIAB's further finding that CCHS ignored Thompson's requests and allowed other employees to transfer. Because Thompson resigned before allowing her employer enough time to resolve the known issues, the UIAB erred as a matter of law when it concluded she had exhausted known protocols or administrative remedies.
Because substantial evidence does not support the UIAB's decision and the UIAB erred as a matter of law by concluding that Thompson was entitled to benefits pursuant to 19 Del. C. § 3314(1), we find Thompson's assertion of error unpersuasive. Therefore, the judgment of the Superior Court is