Jenkins v. Kelly Services Inc.
N16A-11-004 JRJ
| Del. Super. Ct. | Oct 17, 2017Background
- Jenkins filed two unemployment claims: First Claim (filed May 3, 2015) and Second Claim (filed May 29, 2016); she collected $239/week under the Second Claim.
- A Division wage-audit found Jenkins failed to report wages from Kelly Services during weeks spanning Feb. 20, 2015–Apr. 2, 2016 while receiving benefits.
- On Sept. 2, 2016 the Division disqualified Jenkins for fraud under 19 Del. C. § 3314(6) for one year (week ending Feb. 20, 2016 through week ending Feb. 18, 2017); Jenkins did not timely appeal so that determination became final.
- The Division then issued overpayment determinations under 19 Del. C. § 3325: $170 (First Claim, resolved via tax offset) and $2,693 (Second Claim covering 12 weeks from June 4–Aug. 27, 2016 after amendment at hearing).
- Jenkins appealed the Second Claim overpayment to the Division and then to the Unemployment Insurance Appeal Board, which affirmed on Nov. 27, 2016; Jenkins appealed to Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether benefits paid during the one-year disqualification must be repaid as an overpayment | Jenkins: she was truly unemployed during June–early Aug. 2016 and thus should not owe repayment for those weeks | Division/Board: disqualification became final and § 3325 requires repayment of benefits paid during the disqualification period regardless of subsequent unemployment status | Court: Held for Division—final disqualification requires repayment; overpayment upheld |
| Whether the Second Claim overpayment amount or notice was incorrect or inadequately noticed | Jenkins: contends some repayment already taken via taxes and implicit challenge to amount | Division/Board: First Claim portion ($170) was collected via tax offset; Second Claim $2,693 remains owed and proper notice/process was followed | Court: Held for Division—notice adequate, Jenkins offered no evidence the amount was incorrect, obligation stands |
Key Cases Cited
- Unemployment Insurance Appeal Board v. Martin, 431 A.2d 1265 (Del. 1981) (standard of review: Board's decision must be free from legal error and supported by substantial evidence)