Borden v. Virginia Employment Commission And Fairfax County, 050917 VACA, 1406-16-4

Docket Nº:1406-16-4
Opinion Judge:ROSSIE D. ALSTON, JR, JUDGE
Party Name:RONALD L. BORDEN v. VIRGINIA EMPLOYMENT COMMISSION AND FAIRFAX COUNTY
Attorney:Ronald L. Borden, pro se. Elizabeth B. Peay, Assistant Attorney General (Mark R. Herring, Attorney General; John W. Daniel, II, Deputy Attorney General; Kristina Perry Alexander, Senior Assistant Attorney General & Section Chief, on brief), for appellee Virginia Employment Commission. No brief or...
Judge Panel:Present: Judges Alston, O'Brien and Senior Judge Clements Argued at Alexandria, Virginia
Case Date:May 09, 2017
Court:Court of Appeals of Virginia
 
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RONALD L. BORDEN

v.

VIRGINIA EMPLOYMENT COMMISSION AND FAIRFAX COUNTY

No. 1406-16-4

Court of Appeals of Virginia

May 9, 2017

Unpublished

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY John M. Tran, Judge

Ronald L. Borden, pro se.

Elizabeth B. Peay, Assistant Attorney General (Mark R. Herring, Attorney General; John W. Daniel, II, Deputy Attorney General; Kristina Perry Alexander, Senior Assistant Attorney General & Section Chief, on brief), for appellee Virginia Employment Commission.

No brief or argument for appellee Fairfax County.

Present: Judges Alston, O'Brien and Senior Judge Clements Argued at Alexandria, Virginia

MEMORANDUM OPINION [*]

ROSSIE D. ALSTON, JR, JUDGE

Ronald L. Borden (Borden) appeals an order from the Circuit Court of Fairfax County denying him unemployment benefits because the trial court found that he voluntarily quit his job without cause. On appeal, Borden contends that the trial court erred when it determined that he was not entitled to receive unemployment benefits because he was actually discharged from work for misconduct. We disagree.

Background

Borden was employed by the Department of Public Works for Fairfax County from September 15, 2008, to June 12, 2015. Throughout his employment, Borden received several warnings about unprofessional behavior directed towards supervisors and co-workers. The oral warnings Borden received ultimately included counseling regarding a loud altercation with a co-worker around August 21, 2012; counseling on disruptive behavior that occurred around January 17, 2013; and counseling around May 24, 2013, regarding an inappropriate comment in the hiring process and disrespectful behavior towards his supervisor. Borden's written reprimands included one dated October 16, 2013, for unprofessional behavior and conduct; a one-day suspension without pay on November 8, 2013, for failure to comply with regulations of personal behavior and conduct; and another written reprimand for unprofessional behavior on December 12, 2014. Borden did not file a grievance for any of these warnings. Under the governing policy, a grievance allows an employee to ask for a review of a reprimand by his employer.

Borden did however, file a grievance regarding a July 23, 2013 written reprimand for unprofessional behavior and conduct. The written warning was ultimately upheld by the trial court in 2014.

On November 18, 2014, Borden filed an incident report against a supervisor, Bryan Polick, who talked to Borden about changing the data on a project. When Borden refused, Polick shut the door...

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