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DeJesus v. City of Wilmington

Superior Court of Delaware, New Castle

March 31, 2014

LUIS DEJESUS Appellant,
v.
CITY OF WILMINGTON, AND UNEMPLOYMENT INSURANCE APPEAL BOARD Appellees.

Submitted: December 19, 2013

Upon Consideration of Appellant's Appeal of Decision of the Unemployment Insurance Appeal Board, AFFIRMED.

Luis deJesus, 10 Cedar Street, Pro Se Appellant.

James T. Wakley, Deputy Attorney General, Attorney for Unemployment Insurance Appeal Board, Appellee.

Tara M. DiRocco, Esquire, Attorney for City of Wilmington, Appellee.

OPINION

VIVIAN L. MEDINILLA, J

INTRODUCTION

This is an appeal by Luis deJesus ("deJesus")[1] from a decision of the Unemployment Insurance Appeal Board ("UIAB"). In the decision below, the UIAB dismissed deJesus' appeal as untimely and affirmed a determination that deJesus was disqualified from receiving unemployment benefits. This Court finds that there exists substantial evidence to support the decision of the UIAB. Therefore, the decision of the UIAB is AFFIRMED.

FACTUAL AND PROCEDURAL BACKGROUND[2]

DeJesus' employment as a plant mechanic with the City of Wilmington began on September 13, 2010. On November 15, 2012, a supervisor informed deJesus that he was being investigated for failing to "punch out of work." In response, deJesus became belligerent and physically threatening towards coworkers. On December 3, 2012, as a result of the November 15, 2012 incident, deJesus was discharged for insubordination and violating the City of Wilmington's harassment free work environment policy.

DeJesus filed a claim for unemployment benefits on December 18, 2012. On January 2, 2013 a Claims Deputy issued a determination that deJesus was terminated for just cause and, consequently, disqualified from the receipt of unemployment benefits.[3]

DeJesus appealed the determination of the Claims Deputy. An Appeals Referee heard testimony from deJesus and his former employer on January 28, 2013. In a March 28, 2013 decision, the Appeals Referee found that deJesus' actions constituted willful and wanton misconduct, and affirmed the Claims Deputy's determination.

The Appeals Referee's decision was mailed to deJesus on March 28, 2013 which indicated that the last day to file an appeal with the UIAB was April 7, 2013.[4] DeJesus filed a notice of Appeal with the UIAB on April 9, 2013. In its April 23, 2013 Decision, the UIAB denied deJesus' appeal as untimely and affirmed the decision of the Appeals Referee.

DeJesus filed a Notice of Appeal with this Court on October 1, 2013. The City of Wilmington and the UIAB filed answering briefs on October 21, ...


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