IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 
IN AND FOR NEW CASTLE COUNTY 
ROSE FORNEY, ))
Plaintiff, ))
v. ) C. A. 04A-01-010-FSS 
) 
NEW CASTLE COUNTY and ) 
UNEMPLOYMENT INSURANCE ) 
APPEAL BOARD, ))
Defendant. ) 

Submitted: December 20, 2004 
Decided: January 20, 2005 

ORDER 

Upon Appeal from the Unemployment Insurance Appeal Board - - AFFIRMED 

From April 15 until June 20, 2003, Appellant, Rose Forney, was 
employed by New Castle County as a crossing guard. During those nine weeks, 
Forney often missed work because her car was broken and she had no 
transportation. Whenever she missed work, Forney was careful to call her 
supervisor. Those facts are undisputed. 

There is a question as to whether Forney abandoned her job and, in 
effect, resigned, or if she was terminated. In either event, the Unemployment
Insurance Appeals Board correctly found that Forney lost her job because her 
attendance was unsatisfactory. 

The court has reviewed the record carefully, especially the transcript 
of the October 7, 2003 appeals referee hearing. While Forney eventually failed to 
appear at the Board’ s December 10, 2003 hearing, she testified earlier before the 
referee and told her side of the story. It is apparent that whether Forney, in effect, 
resigned or whether she was fired, she is not entitled to Unemployment Insurance 
Benefits. Forney appears to be a nice person who meant to do the job. Her 
unexcused absences from work were simply because she did not have a working 
automobile. Nevertheless, as a matter of law, unsatisfactory attendance is grounds 
for termination and denial of benefits.1 Forney’ s excessive absences were her fault, 
not the County’ s. 

The court can find no mistake of law or any incorrect fact-finding that 
makes a difference. Accordingly, there is no basis for the court, on appeal, to 
disturb the Board’ s December 10, 2003 decision and it is AFFIRMED. 
IT IS SO ORDERED. 
Judge 
 
oc: Prothonotary (Civil Appeals Division) 
pc: Eric L. Episcopo, Esquire 
Mary Page Bailey, Esquire - U. I. A. B.