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Ferrante v. Delaware Park Casino & Unemployent Insurance Appeals Board

Superior Court of Delaware, New Castle

March 12, 2015

GASPARE FERRANTE, Appellant,
v.
DELAWARE PARK CASINO & UNEMPLOYENT INSURANCE APPEALS BOARD, Appellees.

Submitted: December 10, 2014

Upon Appellant's Appeal of the Unemployment Insurance Appeals Board's Decision: AFFIRMED.

Gaspare Ferrante, pro se, Appellant.

Paige J. Schmittinger, Esquire, Delaware Department of Justice, Attorney for Appellee Unemployment Insurance Appeal UIAB.

Wendy K. Voss, Esquire, and Janine L. Hochberg, Esquire, Attorneys for Appellee Delaware Park Management Company, LLC.

OPINION AND ORDER

Ferris W. Wharton, Judge

I. INTRODUCTION

Gaspare Ferrante ("Appellant") filed a Notice of Appeal on September 19, 2014 requesting judicial review of the September 9, 2014 decision of the Unemployment Insurance Appeals Board ("UIAB"). Appellant contends that the UIAB erred in upholding his termination for just cause and denying him unemployment insurance benefits.

In considering the appeal, the Court must determine whether the UIAB's decision to uphold Appellant's termination and deny Appellant unemployment insurance benefits is supported by substantial evidence and free of legal error. Upon consideration of the pleadings before the Court and the record below, the Court finds that there is substantial evidence to support the UIAB's ruling and the UIAB did not err in reaching its decision. Accordingly, the UIAB's decision is AFFIRMED.

II. FACTUAL AND PROCEDURAL CONTEXT

Appellant was employed as a full-time Games Dealer by Delaware Park Management Company, LLC ("Delaware Park") from March 16, 2012 until April 22, 2014.[1] Appellant applied for unemployment insurance through the Department of Labor beginning April 27, 2014.[2] In a Notice of Determination, on May 22, 2014, Appellant was notified that he was disqualified from receiving benefits under 19 Del. C. § 3314(2) because he was terminated for just cause.[3] Appellant appealed the determination and a hearing was scheduled before an Appeals Referee.[4]

At the June 19, 2014 hearing before an Appeals Referee, a Delaware Park Representative ("Representative") and Appellant testified. Before hearing testimony, the Appeals Referee stated that the "issue on appeal is whether or not the claimant was discharged from work for just cause in connection with the work and would be disqualified from the receipt of unemployment benefits."[5]

Representative testified that Appellant was employed as a full-time Games Dealer at Delaware Park from March 16, 2012 until April 22, 2014.[6]Representative stated that Appellant was suspended pending an investigation of misconduct on April 16, 2014 after a Delaware Park patron dropped a hundred dollar bill on the casino floor and Appellant allegedly picked up the bill and put it in his pocket.[7]

Representative testified that Delaware Park policy requires that any Delaware Park employee who finds money on the casino floor "is to immediately bring that money to a security officer or a cage supervisor. [Appellant] didn't."[8] Representative stated that late in Appellant's shift, he reported finding money on the casino floor to a Delaware Gaming Enforcement Official ("Gaming Official") and Appellant turned in a twenty dollar bill.[9] Representative testified that, upon being interviewed by Delaware Park management, Appellant admitted that he had kept the remainder of the money for himself.[10] Representative asserted that Delaware Park management evaluated the situation and found that Appellant had violated Delaware Park Standard of Conduct Number 11[11] ...


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