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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.
Search only DE case law:
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Abassi
The employer tried to accomodate her for Ramadan by adjusting her hours; but she was not satisfied. However, she didn't follow procedure to resolve the problem.
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.
Baker
The company gave him a credit card to gas the company car. He charged groceries and a motel room.
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.
Blackwell
The claims examiner, the appeal deputy, and the board all agree that she was late to work. The court will not re-weigh the evidence.
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.
Cooke
He missed the deadline to appeal. After that, all subsequent appeals are useless.
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.
Diamond
Used the company credit card to gas up his own car. Confessed to the police and pled guilty. Admitted to all this at the unemployment appeal board hearing. And yet, the Board said it was inadmissible hearsay. The court says it's not hearsay when he admits it in front of you.
Diaz
You only have ten days to file an appeal. He filed the 12th day.
Dimkpa
He says he was depressed, and that's why his appeal came too late.
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.
George
While on unemployment, she turned down a job. When benefits reversed, appealed too late.
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.
Graham
Her performance review was couched in such language that it amounted to an ultimatum; therefore, she refused to sign it, and she quit.
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.
Higgins
He missed the first appeal deadline. That made all subsequent appeals useless.
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
Husfelt
Two things: Had another employee clock her in, and called a traffic cop a skank. She says these don't amount to silful and wanton misconduct.
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.
Isler
He injured his shoulder in an off-duty car accident and could not longer do the job. But his company is only required to provide light duty work to people injured on the job.
Jackson
Claims she did not understand the policy manual when she signed for it. But the court says repeated warnings should have made it clear.
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
She did not appeal in time.
Johnson
While collecting unemployment, he took a job with a temp agency, and did not report it.
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.
McIntyre
He says he has earnings which should qualify him for unemployment. But he doesn't say when he worked nor show any pay stubs.
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.
Miller
When the department says it mailed her a letter, she is presumed to have received it. On the other hand, when she claims she did not get a letter, they are not presumed not to have sent it.
Mitchell
A chicken catcher said he had asthma. Though he never showed a doctor's note. So they put him to work 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.
Moore
Fired for tardiness. But the employer's policy was not applied consistently to all who came in late.
Morales
Lots of appeals, lots of missed hearings, all at an end because one appeal was filed too late.
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.
Murray
Her appeal was late. After that, a whole lot of time and effort are wasted on further appeals and explanations. All of them founder on the fact the first appeal was late.
Newark
A policeman, who did not feel well that day, omitted some details when filing a report.
Norman
While out on medical leave, she was supposed to come to the office and fill out a form every 30 days. But she didn't.
Norris
She did not appeal to the Board; so she can't now appeal to the court.
Obazee
Yet another case where the appeal was filed too late.
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.
Quinones
Everyone agrees he's a good worker. He's just having transportation troubles.
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.
Robertson
The employer's policy required her to not accumulate too many points on her driver's license.
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.
Rodney
The employer appeal was late because they did not receive the claim determination soon enough. The state agency can show they mailed it, but the employer can show a pattern of mailing later than the date shown on agency documents.
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.
Sheppard
She appealed late because she received her determination in the mail late. Her mail often came late. But the court says that's her fault for not doing something about her mail.
Silva
After arguing with the supervisor, the supervisor told him to go home. He assumed he'd been fired, so he didn't come back. The Board said by not coming back, he quit.
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.
Stewart
It's not clear why the appeals referee determined that the employer relied on inadmissible hearsay, because the supervisor who she cussed out and disobeyed was at the hearing at testified in person.
Strazzella
She missed her appeal hearing because she was ill. She has a doctor's note, but she never showed that note to the Board, so she cannot bring it to bear here in court.
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.
Thompkins
A long history of tardiness and warnings disqualifies him from benefits, even though the final incident was for a good reason.
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.
Valentin
Because this hair stylist sets his own hours, he cannot say he is partially unemployed due to reduced hours.
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.
Wright
The record is incomplete because both sides neglected to present evidence at the hearings. But no new evidence may be presented to the court.
Zerefos
Two employees argued. Both walked out. One got fired.
Zicarelli
She filed her appeal too late because she was ill. She thinks the deadline should run from the date she received the determination, rather than from the date it was mailed.
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