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Dillon v. Paul Mitchell The School Delaware

Superior Court of Delaware, New Castle

July 30, 2015

LINDSEY R. DILLON, Appellant,
v.
PAUL MITCHELL THE SCHOOL DELAWARE & UNEMPLOYMENT INSURANCE APPEALS BOARD, Appellees.

Submitted: June 17, 2015

On Appellee Division of Unemployment Insurance's Motion to Dismiss-GRANTED

Lindsey R. Dillon, Pro Se, for Appellant.

Victoria W. Counihan, Esquire, Deputy Attorney General, Attorney for Appellee the Delaware Department of Labor, Division of Unemployment Insurance.

Melissa L. Rhoads, Esquire, Jason J. Cummings, Esquire, Tighe & Cottrell, P.A., Attorneys for Appellee Paul Mitchell The School of Delaware.

ROCANELLI, J.

This is an appeal by Lindsey Dillon ("Claimant") from a determination of the Appeals Referee of the Delaware Department of Labor, Division of Unemployment Insurance ("Division") issued on December 29, 2014. The Appeals Referee found that Claimant was discharged from her employment for just cause, and therefore was disqualified from the receipt of unemployment benefits. Rather than filing an appeal of the Appeals Referee's decision with the Unemployment Insurance Appeals Board ("UIAB") as required by Delaware law, Claimant filed a direct appeal to this Court.

The Court issued a Briefing Schedule on March 27, 2015, which required Claimant's Opening Brief to be filed by April 16, 2015. Claimant did not file anything with the Court and, on April 22, 2015, the Court issued a Final Delinquent Brief Notice, which required Claimant's Opening Brief to be filed by May 6, 2015. After this second deadline passed with no filing by Claimant, the Division filed a motion to dismiss on June 17, 2015 for failure to exhaust administrative remedies.

Factual Findings

Claimant worked for Paul Mitchell The School Delaware from April 20, 2009 to November 21, 2014. On September 29, 2014, Claimant was disciplined for not following the proper clock-in and clock-out procedures. On November 11, 2014, Claimant was placed on probation for thirty days due to poor work performance. On November 14, 2014, Claimant failed to clock-out when she left the building for lunch despite her prior warning about the clock procedures. As a result, Claimant was discharged on November 21, 2014.

Procedural History

On December 10, 2014, a Claims Deputy for the Division issued Claimant a Notice of Determination that Claimant did not qualify to receive unemployment insurance benefits because Claimant was discharged for just cause. Claimant timely appealed the Claim Deputy's determination to an Appeals Referee of the Division. The Appeals Referee conducted a hearing on December 29, 2014 and issued a decision the same day affirming the Claim Deputy's determination that Claimant was disqualified from the receipt of unemployment insurance benefits. On January 7, 2015, Claimant appealed of the Appeals Referee's decision directly to this Court.

Discussion

Pursuant to statutory authority, the Court may review the decisions of administrative boards. However, under 19 Del. C. ยง 3322(a) ("Section 3322"), judicial review of a decision of the UIAB "shall be permitted only after any party claiming to ...


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