In order to qualify for unemployment benefits, the unemployed individual must be able and available to work.

The plaintiff had been out of work for medical reasons for several months. She was medically cleared to return to work in March 2020, but due to the COVID-19 pandemic and her pre-existing medical condition, her medical provider felt it “was too dangerous for her to work until she was vaccinated.” She asked her employer for a position where she did not have to interact with customers. The employer was not able to offer her a position with this restriction. She filed for unemployment benefits and received benefits until December of 2021, when she received notice that she was ineligible for unemployment benefits. 

19 Del. C. § 3315(3), requires that employees be able and available to work in order to receive unemployment benefits. The Claims Deputy, Appeals Referee and the Unemployment Insurance Board found that the plaintiff was ineligible for unemployment benefits because she was not able and available to work. Even though she provided testimony that she had been looking for work-from-home positions, the evidence established that her medical provider had not released her to return to work without restrictions. 

The plaintiff appealed the decision to the Delaware Superior Court. An appeal to the Superior Court evaluates the record to determine if the Board’s decision is supported by substantial evidence. The decision will only be overturned if the Board has acted “arbitrarily and capriciously or exceeds the bounds of reason in view of the circumstances … so as to produce injustice.” 

In the appeal, the plaintiff argued that she was able, available, and actively seeking work and would have stayed employed had she been accommodated by not having to interact with customers. The court made clear that a claimant is not “able and available” if she is cleared to work with restrictions that an employer cannot accommodate. The court found that the Board’s decision to deny the plaintiff benefits was supported by substantial evidence. The Board’s decision was affirmed and ordered the plaintiff to repay the unemployment benefits she received. 
 

_{Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}