Submitted: October 17, 2017
Appeal from the Unemployment Insurance Appeal Board AFFIRMED
ANDREA L. ROCANELLI, JUDGE
an appeal from the Unemployment Insurance Appeal Board
("Board"). Upon consideration of the facts,
arguments, and legal authority set forth by the parties;
statutory and decisional law; and the entire record in this
case, the Court hereby finds as follows:
Appellant John Jones ("Employee") worked as a
warehouse associate at Natural Dairy Products Corp. d/b/a
Natural by Nature ("Employer") from May 3, 2015
until his termination on September 30, 2016.
September 27, 2015, a temporary driver of Employer took a box
out of Employer's truck and placed it near the back door
of Employer's facility. Employee noticed the box when he
arrived at work. He looked through the box for three to four
minutes before taking it and placing it in his personal
vehicle. The box contained some cleaning chemicals, tools,
wires, documents, and a bag of change. There were also some
bugs in the box.
September 30, 2016, Employer's regular driver notified
Employer that his box was missing from the Employer's
truck. Employer reviewed the surveillance video and observed
Employee take the box and place it in his personal vehicle.
Employee had not reported to Employer that he found a box and
did not take any other affirmative steps to find the rightful
owner of the box.
October 3, 2016, Employer confronted Employee about the
missing box. Employer showed Employee the surveillance video
and conducted an exit interview. At no time did Employee
attempt to explain why he had taken the box.
Employer terminated Employee for theft, which is a violation
of Employer's policies.
Employee filed a claim for unemployment benefits with the
Division of Unemployment. By decision dated October 18, 2016,
a Claims Deputy found that Employee was terminated for just
cause and disqualified from receiving benefits pursuant to 19
Del. C. § 3314(2) ("Section
October 21, 2016, Employee appealed the Claims Deputy's
decision to an Appeals Referee. On November 18, 2016,
following a de novo hearing, the Appeals Referee
affirmed the Claims Deputy's decision disqualifying
Employee from benefits pursuant to Section 3314(2).
November 22, 2016, Employee filed an appeal from the Appeals
Referee's decision to the Board. On December 14, 2016,
the Board remanded the matter to the Appeals Referee for a
further evidentiary hearing.
January 17, 2017, the Appeals Referee held a second de
novo hearing. By decision dated January 18, 2017, the
Appeals Referee again affirmed the Claims Deputy's
decision disqualifying Employee from benefits pursuant to
Appeals Referee concluded that there was just cause for
termination based on its finding that Employee committed
theft when he took the box and failed to notify anyone about
the box or ...