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Miller v. BBSI

Supreme Court of Delaware

August 26, 2014

CONNIE MILLER, Appellant Below-Appellant,
v.
BBSI and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellees Below-Appellees

Submitted July 25, 2014

Case Closed September 11, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware, in and for Kent County. C.A. No. K13A-10-004.

Before HOLLAND, RIDGELY, and VALIHURA, Justices.

ORDER

Randy J. Holland, Justice

This 26th day of August 2014, upon consideration of the appellant's opening brief, the answering brief of the Unemployment Insurance Appeal Board and the record below,[1] it appears to the Court that:

(1) The appellant, Connie Miller, filed this appeal from the Superior Court's order affirming the Unemployment Insurance Appeal Board's (" UIAB" ) denial of Miller's request for a rehearing. We find no merit to the appeal. Accordingly, we affirm.

(2) The record reflects that Miller worked as a production line worker at Playtex as an employee of BBSI, an employment agency. On April 9, 2013, Miller left the production line to file a complaint with the Playtex Human Resources Department regarding a Playtex employee. Miller had previously been warned to contact BBSI regarding any work issues and not Playtex. When Miller returned to his work area, he was suspended for leaving the line. BBSI told Miller it would investigate the matter and not to contact Playtex. Despite this instruction, Miller contacted a Playtex supervisor and a co-worker during work hours. BBSI terminated Miller for insubordination and improper contact with Playtex.

(3) Miller filed a claim for unemployment benefits with the Department of Labor. On May 29, 2013, a Claims Deputy disqualified Miller from receiving unemployment benefits because he was terminated for just cause under 19 Del. C. § 3314(2). Miller timely appealed the decision and an Appeals Referee conducted a telephone hearing on June 19, 2013. The Appeals Referee heard the testimony of Miller and a BBSI representative. In a decision dated June 27, 2013, the Appeals Referee affirmed the decision of the Claims Deputy.

(4) Miller filed a timely appeal of the Appeals Referee's decision to the UIAB. A hearing was scheduled for September 4, 2013. The notice of the hearing was mailed to Miller at the same address that previous notices had been mailed to. The notice stated that failure to appear for the hearing could result in dismissal of the appeal. Miller failed to appear for the September 4, 2013 hearing. The UIAB dismissed Miller's appeal because he failed to appear and prosecute his appeal.

(5) On September 5, 2013, the UIAB's dismissal of the appeal was mailed to Miller. The dismissal stated that the decision became final on September 15, 2013. On October 1, 2013, Miller requested a rehearing due to mail issues and provided two United States Postal Service change of address forms showing his name and the changing of his address in August 2013.

(6) On October 2, 2013, the UIAB reviewed Miller's request for a rehearing. The UIAB reviewed the determination of the Claims Deputy that Miller was terminated for cause, the hearing before the Appeals Referee, the decision of the Appeals Referee, and the dismissal of Miller's appeal. The UIAB found that Miller's request for a rehearing was untimely because it was made after the September 5, 2013 ...


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