July 2021
WORKERS’ COMPENSATION LAW
Did You Know? Recent Delaware Workers Compensation Developments:
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EMPLOYMENT LAW
Employee’s Attempts to Secure Unemployment After Resigning Fail
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In August 2019, the Plaintiff began working for Defendant. On October 6, 2019, the Plaintiff submitted her two-weeks’ notice to her supervisor. The plaintiff was scheduled to work on October 8th and 9th, but she called out sick on both days. The Defendant told the Plaintiff that she was no longer required to return to work to complete her two weeks. The Plaintiff then filed for unemployment benefits and the Claims Deputy found that the Plaintiff was disqualified from benefits because she resigned from her employment. When an employee resigns from a position, that employee has the burden of showing good cause for resigning, such as a “substantial reduction in wages or hours or a substantial change in the original agreement of hire which represents a change in the working conditions to the employee’s detriment.”
Here, the Plaintiff complained about another employee who was talking behind the Plaintiff’s back, spreading rumors, and causing other issues that made the plaintiff feel she was being subjected to a hostile work environment. The Plaintiff reported her concerns to her supervisor and the general manager but never to human resources.
The Plaintiff appealed the decision to the Appeals Referee, who upheld the Claims Deputy’s decision. The Appeals Referee found that the Plaintiff failed to exhaust her administrative remedies by not reporting her concerns to human resources. The Plaintiff also never told Defendant that she would resign if her concerns were not address. Next, the Plaintiff appealed the decision to the Unemployment Board, who affirmed the Referee’s decision. The Board concluded that the Plaintiff failed to meet her burden. Finally, the Plaintiff appealed to the Superior Court.
The Court reviews the Board’s decision for legal error and whether its factual findings are supported by substantial evidence in the record. Substantial evidence means “such evidence as a reasonable mind might accept as adequate to support a conclusion.” 19 Del C. §3314 states that “an individual cannot qualify for unemployment benefits where that individual leaves work voluntarily without good cause attributable to such work.” Good cause exists if no reasonable prudent employee would have remained employed and the employee first exhausts all reasonable alternatives to resolve the issue, which means notifying the employer of the problem, requesting a solution and bringing the problem to the attention of someone in authority to make the necessary adjudgments.
Here, because the Plaintiff did not report her concerns to human resources or tell the Defendant that she would resign if her concerns were not addressed, the Court agreed with the Appeals Referee and the Board that the Defendant was not given adequate notice to address the Plaintiff’s concerns before she resigned.
Therefore, the Court affirmed the Board’s decision and found that the Board’s decision was supported by substantial evidence and was without legal error.
(Del.Super. 2021) [Not Reported]
Should you have any questions regarding this decision, or any liability law questions, please contact any attorney in our Liability Law Department.
Scott v Homewood Suites, 2021 WL 2577599
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LITIGATION CASE LAW
A Good Deed Goes Unpunished
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CHOIR SCHOOL OF DELAWARE PARTNERSHIP
Heckler & Frabizzio is happy to announce our partnership with the Choir School of Delaware, a Wilmington based after school program designed to teach kids of various ages leadership and language skills, academic support, and college-bound mentoring through musical training. Our Firm will be presenting to the kids on July 23rd about considering a career in the legal field. If you would like to make a donation to this awesome organization please follow this link. Thank you!
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REGIONAL VICE CHAIRPERSON
Congratulations to John Ellis, Partner, for his new role as regional vice chairperson for the Northeast Region of the NWCDN (National Worker’s Compensation Defense Network). Mr. Ellis will serve a two year term working with the board of directors.
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PROMOTION
Natalie Bogia was recently promoted to Human Resources Assistant Manager. Natalie has worked at the Firm since 2017 and is also finishing her bachelors degree in Human Resources in the fall. Congratulations, Natalie, keep up the good work!
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KEEPING UP WITH H&F
WELCOME TO THE FAMILY
Sophia Elliott, legal secretary, adopted a tabby cat named Leo. Leo is thrilled about his new home. Congratulations, Sophia!
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FAKE NEWS
Patrick Rock, partner, and climbing enthusiast made world history by climbing mount Everest for the 10th time! Patrick said its like a walk in the park.
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CLIENTS CORNER
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Please contact Page Chase, Firm Administrator, to submit exciting news including, promotions, adjuster updates, accolades, accomplishments, and the like. You may also submit ads for open positions.
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