Gathy v. United States

Petitioner, Ruth E. Berkley, seeks review of a decision of the Office of Administrative Hearings ("OAH") affirming a determination of the District of Columbia Department of Employment Services ("DOES") disqualifying her from receiving unemployment compensation benefits. Ms. Berkley, who proceeded pro se before the OAH, claims that the Administrative Law Judge ("ALJ") inadequately and erroneously explained the employers burden of proof, and improperly suggested that she had to testify to satisfy her "burden," even though the employer did not appear at the hearing and offered no proof as to whether she voluntarily quit her job. She also claims that OAH improperly analyzed the "voluntary leaving" or "voluntary quit" issue, and further contends that the record does not support a finding that she did not have good cause to leave her position. We reverse OAHs decision and remand this matter to OAH for findings and conclusions not inconsistent with this opinion.