Supreme Court of Delaware

Murphy & Landon, P.a., Appellant-Below, Appellant v. Chelsey F. Pernic, Appellee-Below, Appellee

August 26, 20152015 Del. LEXIS 396

Summary

The Court reversed the Superior Court's affirmance of the Board's award of unemployment benefits because the Board's findings were not rationally supported by substantial evidence and did not adequately address the Appeals Referee's improper restriction of the evidentiary record. The Court held that the record established that Pernic was discharged for cumulative misconduct and that she received a sufficient warning that continued misconduct could result in termination, even though the employer did not identify the precise final act that would trigger discharge. Justice Vaughn, dissenting, would have affirmed because the Board's findings were supported by substantial evidence and the majority improperly reweighed the evidence.