Supreme Court of Delaware

Guardado v. Roos Foods, Inc.

July 24, 2019

Summary

The Court held that Guardado was eligible to seek attorney fees because her position that an employer's proof of available employment had to account for her undocumented status was affirmed on appeal. It nevertheless affirmed the denial of fees because the statute made an award discretionary, and the Superior Court's decision not to award fees was within its discretion despite its imperfect eligibility analysis.