Aleesha D. Gray, Petitioner Below, Petitioner
Workforce West Virginia Board of Review, et al., Respondents Below, Respondents
Aleesha D. Gray, pro se, appeals the June 30, 2016, order of
the Circuit Court of Kanawha County affirming a March 23,
2016, order of Respondent Workforce West Virginia Board of
Review ("Board") that disqualified petitioner from
receiving unemployment benefits. The Board, by counsel Robert
J. Smith, filed a summary response in support of the circuit
court's order. Respondent West Virginia Regional Jail and
Correctional Facility Authority ("Regional Jail
Authority"), by counsel Celeste Webb-Barber, also filed
a summary response in support of the circuit court's
order. Petitioner filed a reply.
Court has considered the parties' briefs and the record
on appeal. The facts and legal arguments are adequately
presented, and the decisional process would not be
significantly aided by oral argument. Upon consideration of
the standard of review, the briefs, and the record presented,
the Court finds no substantial question of law and no
prejudicial error. For these reasons, a memorandum decision
affirming the circuit court's order is appropriate under
Rule 21 of the Rules of Appellate Procedure.
worked for the Regional Jail Authority as an administrative
services assistant in the human resources department from
November 1, 2010, to January 4, 2016. Petitioner resigned
from her employment because she was admitted into the
Charleston Area Medical Center ("CAMC") nursing
program following being a part-time student at BridgeValley
Community and Technical College ("BridgeValley").
While a part-time student at BridgeValley, petitioner was
able to maintain her full-time position with the Regional
Jail Authority. However, after petitioner was admitted into
the CAMC program, she became a full-time nursing student.
Consequently, once petitioner received her class schedule in
November of 2015, she discussed with the Regional Jail
Authority whether she could be a part-time administrative
services assistant. The Regional Jail Authority believed that
petitioner could not perform her job as a part-time employee
because petitioner's class schedule would prevent her
from working consecutive days.
At a February 9, 2016, administrative hearing,  petitioner
testified regarding the Regional Jail Authority's
position that she could not perform her job if she was
prevented from working full-time:
. . . They felt that if I came in on like a Tuesday
[following] a day off[, ] they would spend more time with me
trying to bring me up to speed versus me just coming in and
working. They have accommodated me really honestly as well as
they can. It just wasn't going to work.
Now, if I had been a receptionist for them then yeah,
possibly that would have worked, but because of the role that
I led[, ] it's just impossible to keep up. They admitted
to that. You know, that it was a full-time assignment. It was
not a part-time assignment.
petitioner agreed with the Regional Jail Authority that she
could not perform the duties of her position if she worked
. . . [I]t's a full-time job and, you know, I handle[d] 5
jails. Another lady handled the other 5[, ] and plus I was
the timekeeper for about 42 people making sure they're on
the positive side of payroll.
So, you know, it's a lot of work. It is a full-time job.
They are correct. It's impossible for me to come
in 2 days a week and try to be brought up to speed [as] to
what's going on.
added.). Consequently, petitioner testified that she
"decided [to] quit." The administrative law judge
("ALJ") asked petitioner whether her decision to
quit was "voluntary." Petitioner answered
order entered on February 12, 2016, the administrative law
judge ("ALJ") found that petitioner quit her job
voluntarily and disqualified her from receiving unemployment
benefits pursuant to West Virginia Code § 21A-6-3(1).
Petitioner appealed to the Board, which adopted the ALJ's
decision by order entered on March 23, 2016. Petitioner
appealed that order to the Circuit Court of Kanawha County,
which affirmed the Board's decision by order entered on
June 30, 2016. Petitioner now appeals from the circuit
court's June 30, 2016, order affirming the Board's
March 23, 2016, order that disqualified her from receiving
unemployment benefits pursuant to West Virginia Code §
Virginia Code § 21A-6-3(1) provides as follows:
[A]n individual is disqualified for benefits . . . (1) [f]or
the week in which he or she left his or her most recent work
voluntarily without good cause involving fault on the part of
the employer and until the individual returns to covered
employment and has been ...