Beverly v. Administrator, Unemployment Compensation Act
Although domestic violence may qualify as a reason to leave suitable work involuntarily, lack of child care may not. Allegedly, the plaintiff, Cheryl Beverly, claimed that she left work at R.C. Bigelow Inc. involuntarily, because of domestic violence. The administrator of the Unemployment Compensation Act denied Beverly's request for unemployment compensation benefits and apparently concluded that she was not eligible, because she left suitable work voluntarily, and without good cause attributable to the employer. The appeals referee and the Employment Security Board of Review affirmed. Beverly appealed to the Superior Court. An individual may not be eligible for unemployment compensation, if, in the opinion of the administrator of the Unemployment Compensation Act, the individual has left suitable work voluntarily and without good cause attributable to the employer, pursuant to Connecticut General Statutes §31-236(a)(2)(A). The court opined that if Beverly actually had been forced to leave work because of domestic violence from a former boyfriend, that would qualify as a reason to leave suitable work involuntarily. Although the record contains many references to domestic violence and threats of domestic violence, there were no incidents of domestic violence during the first 10 months of the year, and the appeals referee concluded that Beverly left work because she had difficulty with childcare. When asked, "If the employer provided childcare would you have stayed?" Beverly responded, "Absolutely." "By her own testimony," wrote the court, "she indicated that her reason for leaving her job . . . was more because of childcare issues than domestic violence." The Board of Review's decision was not arbitrary, illegal or capricious, and the court dismissed the claimant's appeal.