Submitted: September 12, 2013
Upon Consideration of Appellant's Motion for Summary Judgment and to Stay the Briefing Schedule; and Motion to Strike and to Dismiss the Case
ORDER Mary F. Higgins, Esq., Wilmington, Delaware for Appellant.
James H. McMackin, III, Esq., and Allyson Britton DiRocco, Esq., Morris James, LLP, Wilmington, Delaware for Appellee.
James T. Wakley, Esq., Department of Justice, Wilmington, Delaware for Unemployment Insurance Appeals Board.
Robert B. Young
Appellant/Claimant, Melissa Thomas ("Appellant"), has appealed the determination of the Unemployment Insurance Appeal Board ("Board") that Appellant was not entitled to unemployment benefits pursuant to 19 Del. Code § 3314 (2) on the basis that her termination was for just cause.
A spate of motions has been filed: Appellant's Motion for Summary Judgment, along with a Motion to Reverse the Decision of the Board; Appellee's Motion (contained within a Response to Appellant) to have the matter remanded.
Because genuine issues of material fact exist regarding the content and consideration of documentary evidence, the matter is REMANDED to the Board for determination thereof.
Appellant appeals the Board's decision and contends that she should be entitled to benefits, because Bayhealth did not return the Employer Separation Notice within the required 7 day period pursuant to 19 Del. Code § 3317 (b). This section states:
Any...employer who fails to timely return a separation notice or who fails to complete a separation notice within the period prescribed above shall be barred from claiming subsequently that the individual claimant...shall be disqualified under any provisions of Section 3314 of this Title 19.
The statute, however, contains an exception where the Department of Labor may release the employer from a late response for reasons ...