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Bozier v. Mountaire Farms & Unemployment Insurance Appeal Bd.

Superior Court of Delaware, Sussex

August 7, 2014

Jean Ricot Bozier
v.
Mountaire Farms & Unemployment Insurance Appeal Bd.

Date Submitted: July 21, 2014

Jean Ricot Bozier, pro se

Barry M. Willoughby, Esquire Lauren E.M. Russell, Esquire

Dear Parties:

Before the Court is the appeal of Jean Ricot Bozier ("Bozier") of a decision rendered against him by the Unemployment Insurance Appeal Board (the "Board") cancelling his unemployment benefits due to his termination from his former employer Mountaire Farms, Inc. ("Mountaire"). For the reasons explained below, the Board's decision is AFFIRMED.

FACTS & PROCEDURAL BACKGROUND

Mountaire hired Bozier on April 19, 2013 as a day-shift general laborer, and terminated him three days later for an unexcused absence on April 22, 2013.[1]

The day Bozier was hired, April 19, 2013, he signed-off on, received copies of and attended an orientation explaining Mountaire's company policies and procedure. The Court specifically looks to Mountaire's policy and procedure regarding absences under the "No-Fault Policy" (the "Policy").[2] Pursuant to the Policy, the following absences are excused:

Vacation - (which has been pre-approved)
Military leave including reasonable travel time to and from assignment Jury duty and other legal proceedings for which a subpoena has been issued.
Note: Legal proceedings for charges against the employee, jail time, DUI classes, meetings with attorneys, appointment with Probation Officer, custody hearings are not considered excused absences.
Bereavement leave in according with Bereavement leave policy.
Days of partial days when no work is available.
Workers compensation with appropriate ...

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