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Delaware Unemployment Case Law

These are the text of unemployment cases from the last 3 years, extracted from the PDF versions posted at the Delaware State Judiciary site. Footnotes have been removed.

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Abrams: A City of Wilmington worker got so frustrated by inneficient city bureaucrats that he cussed them out. They ceased to frustrate; they terminated.
Adams: She appealed a week too late.
Advanced: Performance and attitude problems came to a head when one day he walked away from the job.
Allen: His appeal was filed too late.
Anderson: His appeal was filed too late.
Atlantis: They had three reasons for firing the guy., The Board only considered two of them, and ignored the third.
Bailey: The employer appealed past the deadline. This fact went unnoticed at the hearing and by the board. So the court sends the matter back to find out whether the employer had good reason for a tardy appeal.
Baker: They have a resignation letter. Both letter and signature are printed. She claims the letter is forged.
Balinski: His attorney's request for continuance was denied. The employer testified by telephone. The hearing decides who is telling the truth.
Bell: She hurt her back. There was no light duty work for her.
Bell: Fired for performance, he appealed, but did not show at the appeal hearing. Now he appeals to this court, which says he cannot take it to court if he never showed for the hearing.
Bishop: A tow truck driver lost his license.
Briddell: Her back got so bad she could no longer drive a bus.
Bright: A casual worker is not eligible for unemployment compensation benefits.
Brighton: Called in to say he would be absent; but refused to say why.
Brown: Goofed off all the time.
Caldwell: The employer says he was told by a member of the Board that he would not be allowed to cross-examine witnesses at the hearing. That's wrong; he has the right to.
Caldwell: More of the above.
Caldwell: More of the above.
Carlson: He got angry and made a lewd gesture to a female supervisor.
Cartwright: She was repeatedly absent, often for good personal reasons. She was warned, but continued to be absent.
Cassell: She told her employer she was leaving for a job with better benefits. But it turned out that new job was not what is was cracked up to be. So she tried to get her old job back, but couldn't.
Cavallero: If the court finds that the Board decision is based on insufficient facts, it may send the matter back to the board for additional hearings.
Clark: They changed her schedule, so she quit. But she never told them the schedule was unnaceptable, so she doesn't collect.
Church: She asked for a raise. The employer refused. She says then he fired her. He says then she quit. But he never went to the hearing, so he missed his chance to testify.
Clausen: She quit because she was overworked.
Clemmons: She had health problems and could not work. They offered her a leave; but she preferred to resign.
Cohen: If you don't file a brief in answer to an appeal, then the case may automatically be decided against you.
Connor: Suspended from work for not showing up.
Conte: The appelate court will not weigh the evidence. It only decides whether the law has been properly applied.
Corbin: He is employed on a part time, on call basis. Therefore, he is not unemployed. He can't collect unemployment if he's not unemployed; regardless if he's not working.
Country Life: Her mother had a stroke; she had to go to Pittsburgh. She called several times and left messages to explain her absence, but they never called her back. When she returned, they fired her.
DART: A pregnant paratransit driver who's back hurt refused to drive an assignment; instead she went home.
Davis: Left work early without permission.
Dennis: She quit withpout filing a grievance.
Diamond: Another worker tried to take credit for his work. An argument ensued. The supervisor told him to do the other guy's work. He refused. The supervisor told him to leave. he refused.
Diaz: You only have ten days to file an appeal. He filed the 12th day.
Dobnack: When told her hours would be cut, she cussed and left.
Duncan: The Department overpaid him in error. Now they want the money back.
Dupont: Sassed the supervisor.
Edwards: Tardiness and dress code
Ehrlich: Jewelry store clerk pocketted the cash.
Fassett: While collecting unemployment, he was required to report any earnings. He didn't know that he had to include bonuses among his earnings.
Ferguson: Having completed his work, he now refused to do someone else's work.
Filanowski: Among other things, he says he never recieved a hearing notice. The court says that merely saying you didn't get it does not rebut the presumtion that you got it.
Finestrauss: Too many personal phone calls; too much personal business.
Finney: Took early retirement.
Finocchiaro: He wrote down the wrong date on his calendar, and so he missed the hearing he had requested. Therefore, his appeal was dismissed.
Flonnory: She did not reveal her whole criminal record on her job application.
Flowers: A seemingly petty dispute between rackers and packers ends in this guy walking off the job.
Foraker: The scrap yard had him driving a bum truck, wouldn't fix it, then complained that he drove too slow.
Forney: A crossing guard has trouble with her car which prevents her from showing up reliably.
Foxwell: Injured her back and could not work.
Freeman: He and a colleague got into an altercation. He got fired; the other guy not.
Freeman: A poor old lady working part time for peanuts is misinformed by the Department and has to fight to collect a pittance.
Fritz: Three terminations, two last chance agreements, caught drinking on the job, failed his drug test... Yet the union keeps on going to bat for him.
Fuller: A temp staffer refuses low pay assignments.
Giddens: An appeal court cannot weigh the evidence all over again. It can only look for errors in application.
Gillie: Her decision to get pregnant and the consequences that followed cannot be attributed to her work.
Gladden: While she was away on maternity leave, they moved her office and reduced her duties.
Gonzalez: Found him sleeping on the job.
Granison: An appeal court cannot weigh the evidence all over again. It can only look for errors in application.
Griffin: Said he was injured; but did not provide a doctor's note.
Gullion: Because he did not show up at the appeal hearing, his appeal will not be heard in court.
Haggerty: She appealed too late. She says her addiction made her late. The court says that's no excuse.
Han: When the restaurant failed inspection, he handed in his keys and quit.
Hartman: When the Department mailed her determination, she was on vacation. By the time she got back, it was too late to appeal.
Harvey: Started a small business. Ran out of money. Laid himself off.
Hawthorne: School bus driver not a safe driver. Gets in a wreck.
Hobbs: He quit one company and went to work for another company, where soon he was laid off. The first company never sent back the form stating how he left their employ, So their account is charged for his benefits.
Hubble: Temp worker did not call in for more assignments.
Hunter: Fired for falsifying her employment app, where she did not reveal a criminal conviction. Says she was unaware she'd been convicted of passing a bad check.
Hunter: More of the above
Hyatt: Submitted false expense reports and hired landscapers under the table.
Hy-Point: The employer never got to state their case.
Inandout: When the manager quit, the work got piled on the receptionist. After nine months complaining to no avail, she quit.
Ingram: A seasonal worker is offered off-season work which he refuses.
Isip: Got in a confrontation with another worker because he thought the other guy was looking at him.
Jeffers: A telephone service rep was warned when she logged too many short calls; and fired when she fielded too many calls.
Johns: A school custodian got a bad back. Thet fired him for not completing paperwork, for not enough doctor notes, and for raising his hand.
Johns: She may have a point. But because it was never mentioned at the hearing or before the Board, the court cannot now decide on a new issue.
Johnson: She did not appeal in time.
Johnson: He was thinking about going to school. He asked whether he could be put on part time work. He was told there was no part time work. And just like that, the employer replaced him.
Jules-Hall: She knew the employer's policy, she violated it three times, she received a third and final warning, then she violated it again.
Kearney: Did not show up; did not call.
Keim: Did not call in for her assignment as required.
King: Quit to enroll in a one-year rehab.
King: A van driver quit when they would no longer let her take a van home.
Kondzielawa: Took some medical leave. On the day she returned, she got all hyper and panicked; took her stuff and left.
Landis: They said they would demote her. She said she'd rather quit. They took her at her word and told her to pack up and leave.
Lassiter: He did not show up at his hearing. Therefore, it's useless for him to appeal to court. All the facts can only be presented at the hearing. The court does not weigh evidence.
Legates: He was told to mow a field. The mower kept breaking. He had no tools to fix it. Then two strangers with guns told him to get off the property. He quit. This is his story.
Lievely: He appealed three weeks late. He says he never got the notice.
Luke: Discrepancies in his cash drawer.
Mackey: Someone ate her banana. So she threw a knife at him. She thinks she should collect unemployment. I kid you not.
Majaya: A "voicemail coordinator" did not meet goals.
Marine: He wants to collect unemployment for the time he missed while on jury duty.
Martin: A file clerk quit because of stress.
Masanque: Too many attendance problems.
Mathis: Late too many times.
Mayers: Hurt his back. Provided doctor's notes; but not exactly as required.
MBNA: Phone support person hung up on customers.
McGonigle: The Department sent his determination notice to the wrong address.
McKinley: He filed his appeal late because he was out of town when the notice arrived.
McNeill: Rent-a-cop refused to drive her rounds. Said she had a bad back. Could not provide documentation.
Mifflin: Quit to take care of her ailing mother.
Miller: She said she was looking for work elsewhere and gave notice and set a date. Then she applied for unemployment.
Mitchell: A chicken catcher said he had asthma, though he never showed a doctor's note. So they put him in the ice house, until he said he hurt his back, though he never showed a doctor's note. So they put him on the line, until he said it made him dizzy. So they sent him home. But he never came back.
Molinaro: He quit a seasonal job because he didn't like being laid off.
Mooney: A seasonal worker developed health problems during the off-season. Next season, the company, aware of his problems, did not bring him back.
Morra: They kept on cutting back her hours. So after she went out on maternity leave, she did not return to work.
Morrow: No-shows, sleeping on the job, altercations, insubordination. Warnings, suspensions, last chance agreements. One thing after another. But he's a union member. Finally fired after a fight. Collects unemployment because he did not start this fight.
Mosley: A rent-a-cop made long distance phone calls from the client's site.
Mullen: The claims examiner, the hearings referee, and the Board all said she was ineligible because she was unable to work. But her doctor wrote a note saying she could work. And the Department of Labor even wrote a letter to the Board saying her appeal had merit.
Newark: A policeman, who did not feel well that day, omitted some details when filing a report.
Norris: She did not appeal to the Board; so she can't now appeal to the court.
Orona: Nursing home housekeeper fired for stealing a toothpaste squeezer from a resident.
Parsons: They wouldn't give her the day off to take her mother to the doctor after a heart attack, so she quit.
PMI: They cannot get a successor tax rate because the business they bought enjoyed a shared account.
Peterson: They changed her schedule on short notice; she could not find day care.
Pinghera: Lots of gripes, poor performance, rude to customers, refused to learn the job.
Pinkett: Pickle packer's position passé. Offered other occupation. Wrongly refused re-employment.
Pinkney: A claim application can only be backdated as far as the preceding Sunday.
Pitts: Whether he collects unemployment appears to depend on a whole lot of other details; not the fact he failed a drug test.
Powell: Tapped a female colleague on the butt.
Price: A waitress inadvertently pocketted the money for two cups of coffee.
Pulli: She blew the whistle on a colleague. The company told her not to discuss it with anyone while they investigated. She did anyway.
Purdie: She says she never received the decision by mail, and that's why her appeal was late. But if the state says the letter was mailed, then it is assumed to have been received.
Rachel: No call; no show.
Ranieri: Appealed six months too late.
Reese: He complains that the Board did not allow his witness to testify and that it did not let he himself finish what he had to say.
Rhoades: Unexcused absences; repeated tardiness; plenty of warnings.
Roark: Did not like his assigment. Too far from home. Court appeal fails because did not attend appeal hearing.
Robledo: Quit her job because she thought she had a better job lined up. But that did not pan out.
Rodan: Did not like the new store manager. Did not think the store was safe. Did not like all the thefts at the store. Claimed injury. Argued with customers. Quit.
Ross: Demoted for wearing open-toed shoes and walking in via the wrong door.
Schaeffer: The owners of a beach restaurant attempt to claim unemployment during the off-season when their business is closed.
Schnee: She could not stay late because she had to pick up her daughter from daycare. So they fired her.
Schneider: Though supposedly employed full-time, this bus driver did not work many hours nor earn much money. Is he unemployed?
Shaw: She appealed too late.
Shade: Freedom of speech does not excuse him cussing the manager. Regardless that he was off duty in the parking lot it's still job misconduct.
Shaw-Malachi: She resigned because of job stress.
Sinclair: Lost his commercial drivers license because of health problems.
Singleton: Found a company cellphone in the parking lot, and blithely began using it. Until the boss called and he answered.
Skinner: A beautician became irate when the front desk receptionist wrote an appointment on her day planner.
Smith: Fired when she took a phone message but repeated the wrong name. The employer wants to deny her benefits because she had more jobs than appeared on her application.
Smoot: Used her company laptop to instant message co-workers with lewd remarks.
Snyder: After he lost his appeal, he went to court, without first taking his case to the Board. By the time the court told him to go back to the Board, it was too late.
Spicer: She owns a tax preparation franchise. She does not look for other work during the off-season.
Sprung: The employer lost this appeal because they never filed a brief.
Stafford: A registered nurse is fired from the hospital for doing her best to help out an abused teen. Bureaucracy is heartless.
Sullivan: An HVAC union probationary apprentice was hired on as journeyman. Later, he was demoted to apprentice. So he quit .... but not until 14 months later.
Tatman: A landscaper ceased to show up for work. It's not clear why; because he did not show up for the hearing, either.
Taylor: She has five excuses for why she appealed late. The court gives short shrift to each of them. Late is late.
Tesla: At the last minute, the employer could noit make the hearing. But though they may have had good reasons, they did not prove them to the Board, so they were not granted a new hearing.
Turner: A restaurant hostess took cancer medication which made her hair fall out. She quit when she felt stressed out by comments concerning her wig.
Upshur: They cannot agree why she was fired. She says because she needed training and certification. They say she did not show up.
Vitelli: Could not report to work because she was icarcerated.
Washington: She had child care and scheduling problems.
Watson: He accidentally opened the wrong valve, and a ton and a half of poison chemicals spilled out.
Webb: Did not appeal in time.
Wentzell: Caught walking out of the factory with a little wheel off a toolbox.
Wescott: A truck driver could not get everyplace he was supposed to get to in the time allotted.
Wheatley: An auto salesman tried working from home. It didn't work out. There was no opening for him to return to the showroom.
Williams: Could not make his hearing because he was in jail. Does not present a case in his brief to the court.
Willis: She gave the employer a doctor's letter saying she was unable to work. But she continued to work. Then she was laid off. Is she eligible for unemployment after stating she is unable to work?
Wilson: She contends she was not the only one to spend company time making personal phone calls. Unfortunately, the court says that's no defense.
Wilson: She did not appeal in time because she did not know she could appeal because she did not read the decision they mailed her. [
Witcher: Too many attendance points for repeated absenteeism.
Zerefos: Two employees argued. Both walked out. One got fired.