NOTICE OF APPEAL
DECISION NO. …
VIRGINIA DEPARTMENT OF LABOR
………….-Appellant
VERSUS
VIRGINIA DEPARTMENT OF LABOR
-Appellee
NOW COMES [Insert Appellant’s Name], and files this Appeal of the Decision of Deputy
effective 11/15/2020, and for cause would show this Honorable Court as follows:
i. The Virginia Department of Labor Decision on withdrawal of Employment Benefits
Virginia Unemployment Compensation Act §60.2-618
1. Virginia Unemployment Compensation Act § 60.2- 618 makes provision for the
disqualification of benefits. It precisely states that an individual shall be disqualified for
benefits upon separation from the last employing unit for whom he has worked 30 days
or 240 hours or from any subsequent employing unit: for one wee benefits are claimed
until he has performed services for an employer (i) during 30 days, whether or not such
days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially
separated from such employment, if the Commission finds such individual is unemployed
because he left work voluntarily without good cause.
2. Accordingly, the Appellant admits that he was formerly employed at the CVS Pharmacy
for two and a half years. The Appellant also admits that he left the work voluntarily.
3. However, the Appellant contends that the Virginia Department of Labor Board erred in
holding that he left work voluntarily without good cause.
4. The Virginia Department of Labor Board correctly stated that in order to constitute good
cause, it has been held that the reason for leaving must be so compelling or necessitous
that the individual has no reasonable alternative except to leave employment.
5. In in Sherbert v. Verner, 374 U. S. 398 (1963), a Seventh-day Adventist was fired
because she would not work on Saturdays. Unable to find a job that would allow her to
keep the Sabbath as her faith required, she applied for unemployment benefits. The State
denied her application under a law prohibiting eligibility to claimants who had “failed,
without good cause . . . to accept available suitable work.” The Supreme Court of the
United States held that the denial infringed her free exercise rights and could be justified
only by a compelling interest.
6. 1005.4(b)(12) Summary judgment is appropriate in an exclusion case when there are no
disputed issues of material fact and when the undisputed facts, clear and not subject to
conflicting interpretation, demonstrate that one party is entitled to judgment as a matter of
law.
7. Accordingly, in the current case, majority of the patients that frequented the CVS
Pharmacy to pick up their medication were infected with COVID and did not wear
masks. Further, after every six months, the CVS Pharmacy had a new manager.
8. Resultantly, the Appellant’s place of work became stressful for him and not only because
of the patients, but also because each manager wanted work to be done in a specific way.
9. Owing to preceding unbearable and unsuitable work environment, the Appellant was
compelled to quit work.
10. The Virginia Department of Labor Board thus erred in its decision that the information
presented did not establish that the Appellant’s leaving was with good cause hence
disqualifying from the unemployment benefits.
11. The turn of events presented by the Appellant are a clear indication of the unbearable
work environment hence a good cause as per the Virginia Unemployment Compensation
Act § 60.2- 618.
12. Furthermore, the Appellant contends that after having quit his job at CVS Pharmacy, he
made significant steps to acquire another job.
13. The Appellant applied to work with Doro Dach and Amazon Flex using his sister’s car to
make deliveries. However, after two weeks, his sister took her car back. Consequently, he
did not have a car to go to work.
14. It is after his efforts to get work bearing n fruits that he applied for unemployment
insurance through the Virginia Department of Labor and they accepted his application
and he began receiving unemployment money. He would receive around $200 weekly
plus the $300 they were giving everyone during the pandemic.
15. Virginia Unemployment Compensation Act § 60.2- 618 expressly states that the term
“good cause’ shall not include voluntarily leaving work with an employer to become self-
employed.
16. From the preceding facts, it is evident that the Appellant voluntarily left his first job and
was later employed by Door Dasha and Amazon Flex.
PRAYER FOR RELIEF
REASONS WHEREFORE, Appellant respectfully requests that this Honorable Court reverse the
Final decision of the Virginia Department of Labor dated 15 November 2020 and declare that the
Appellant satisfies the pre-requisites of unemployment benefits.
Dated:
Respectfully Submitted,
___________________________________
Appellant
VERIFICATION
I, ………, being duly sworn depose and say that I am the Appellant in the above-entitled action,
that I have read the foregoing Notice of Appeal and know the contents thereof. That the same is
true of my own knowledge except as to those matters and things stated upon information and
belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of May, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the
(Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt
requested, to the following parties or attorneys of record:
……..
Dated:
Respectfully Submitted,
___________________________________
Appellant
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