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 and remanded for further proceedings. It held that the Board's findings were not rationally supported by substantial evidence because the record showed that the employee was discharged for cumulative misconduct and had received a sufficiently clear warning that continued misconduct could lead to termination. Justice Vaughn, dissenting, would have affirmed because the Board's factual findings were supported by substantial evidence and the majority improperly reweighed the evidence.