Kids & Teens Pediatrics of Dovre v. O'Brien and Uiab

Summary

The Supreme Court of Delaware affirmed the Superior Court’s affirmance of the UIAB’s determination that Marie O’Brien was discharged without just cause and therefore remained eligible for unemployment benefits. The Court held that a written final warning was not categorically required, but the Employer failed to prove that O’Brien received any warning and failed to show misconduct sufficiently serious to justify termination without warning. The Court also rejected or declined to reach the Employer’s due-process claims concerning hearing access and an excluded witness.