Supreme Court of Delaware

Brittingham v. Unemployment Insurance Appeal Board

July 24, 2023

Summary

The Court affirmed the Superior Court’s judgment upholding the UIAB’s determination that Brittingham was ineligible for unemployment benefits because she was not unemployed under the governing statutory definition. The record contained substantial evidence that she was hired to work as needed, was not guaranteed a minimum number of hours, and could not work available night shifts. The Court also held that claims outside the December 2021 claim and a separate decision from which Brittingham did not appeal were not properly before it.