Supreme Court of Delaware
Murphy & Landon, P.a., Appellant-Below, Appellant v. Chelsey F. Pernic, Appellee-Below, Appellee — Vaughn, J…
August 26, 20152015 Del. LEXIS 396
Summary
Justice Vaughn dissented from the majority's treatment of the appeal, concluding that the Superior Court properly affirmed the UIAB's decision under the deferential substantial-evidence standard. The dissent would have upheld the Board's findings that Pernic was terminated for a single unauthorized invoice payment and had not received an unambiguous warning that such conduct could result in termination. The dissent also concluded that Pernic's failure to appear before the UIAB was not dispositive and that the Board did not commit legal error. Justice Vaughn, dissenting, would have affirmed the UIAB's judgment rather than disturb its factual findings.