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CCH® UNEMPLOYMENT INSURANCE — 8/22/14

Delaware court awards benefits despite claimant’s violation of company rule

The court affirmed an award of benefits to a claimant because her violation of the employer’s unwritten policy was insufficient to find willful and wanton conduct amounting to a just cause for dismissal. The claimant worked as a legal assistant. The employer, a law firm, discharged her by letter, which stated the reasons for her termination were “many,” citing lateness, an uncooperative attitude, failure to take supervision, a financial policy violation, resisting assignments, failing to work required overtime, and open rudeness towards her supervising attorney and other employees. In reviewing the claim for benefits, the focus was on the last incident before her termination, namely the violation of the financial policy. On review, the court noted the Review Board’s finding that although the claimant was clearly warned that deficiencies in her performance could lead to dismissal, the warning focused on lateness, long lunches, and refusal to work extra hours. However, the Review Board concluded that the claimant was fired for the unauthorized payment of an invoice and, therefore, an impermissible “disconnect between the warning and discharge” existed. The Review Board considered evidence of the nature of all of the job performance deficiencies alleged by the employer, the counseling for those deficiencies, the nature of the proximate cause for the claimant’s termination, as well as her testimony before the Appeals Referee. Thus, the court held that substantial evidence supported the Board’s conclusion (Murphy & Landon, P.A. v. Pernic, Del. Super. Ct., New Castle County, No. N13A-03-012 FWW, July 11, 2014).