Date Submitted: October 24, 2014
On Appeal from the Decision of the Unemployment Insurance Appeal
Karyn Ellicott, Newark, Pro Se Appellant.
Timothy J. Wilson, Esq., The Wilson Firm, LLC, Attorney for Stericylce, Inc.
Paige J. Schmittinger, Esq., Deputy Attorney General, Department of Justice, Attorney for the Unemployment Insurance Appeal Board.
Calvin L. Scott Judge Calvin L. Scott, Jr.
Before the Court is Appellant Karyn Ellicott's ("Appellant" or "Claimant") appeal from the decision of the Unemployment Insurance Appeal Board (the "Board") affirming the decision of the Appeals Referee and finding that Appellant was discharged for just cause in connection with her work at Stericycle, Inc. ("Employer"). The Court has reviewed the parties' submissions and the record below. For the following reasons, the Board's decision is AFFIRMED.
FACTUAL AND PROCEDURAL CONTEXT
Claimant was employed by Stericylce, Inc. from December 10, 2012 to December 10, 2013. At the time of her termination, Claimant was employed as a full time Customer Service Experience Expert and earned $9.52 per hour.
Claims Deputy's Determination
On December 31, 2013, the Claims Deputy found that Claimant had stated in a conversation with her Team Lead that, "my supervisor makes her so angry it makes her want to get a machine gun and start spraying the office." The Claimant admitted to having a conversation with her Team Lead, but said it was a personal/private conversation. The Claims Deputy also found that Employer had provided supporting documentation of the incident. Claimant's threat of violence in the workplace constituted misconduct. The Claims Deputy ruled that Claimant was disqualified from receiving benefits pursuant to 19 Del. C. § 3314(2), because Claimant had been discharged from her employment for just cause. Claimant timely appealed the Claims Deputy's determination. A hearing was held before an Appeals Referee on January 31, 2014.
Hearing Before the Appeals Referee
At the hearing, Jackie McNulty, Claimant's Team Lead at Stericycle and the person who heard the threat, testified before the Referee on Employer's behalf. She testified that on December 5, 2013, she called Claimant into her office to discuss a work error. It was during that conversation that Claimant stated that she hated Ron Watson, a supervisor at Stericycle. The Claimant went on to say that Mr. Watson made her so angry that she, "[wanted] to get a machine gun and start spraying the office." Ms. McNulty testified that she was startled by Claimant's statement, and that Claimant responded that she would not do that, but was trying to prove a point. Claimant then continued to talk about how much she hated Mr. Watson and indicated three other people she hated. ...