Background
Davion Johnson worked as a client advisor for Tapestry, Inc. He resigned and sought unemployment benefits. A Division of Unemployment Insurance deputy denied the claim, and a hearing officer held a telephonic evidentiary hearing on the reason for his separation.
Johnson testified that he quit to take a position with Old Navy for better opportunity, career growth, and income. The hearing officer concluded that this was a voluntary separation to accept other employment and disqualified him from benefits. The Industrial Claim Appeals Office affirmed.
The Court’s Holding
The Colorado Court of Appeals affirmed the Panel’s order. Substantial evidence supported the finding that Johnson voluntarily quit Tapestry to accept another job, a basis for disqualification under Colorado’s unemployment statute.
The court also rejected Johnson’s due-process arguments. He had received the Division’s exhibits, did not object to their admission, and was given repeated opportunities to provide additional information. A hearing officer need not act as surrogate counsel for a pro se claimant or develop the claimant’s case, and the Panel could review only the record made before the hearing officer.
Key Takeaways
- A worker who quits to accept other employment is disqualified from unemployment benefits under the applicable Colorado provision.
- Substantial evidence supported the agency finding because Johnson expressly testified that he quit for a new job.
- Pro se status does not require a hearing officer to identify every potentially applicable rule or elicit evidence for the claimant.
Why It Matters
The decision underscores that unemployment claimants bear the burden of presenting evidence supporting eligibility at the administrative hearing. Later arguments or evidence generally cannot be used to expand the record on Panel review.