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Mondestin v. Perdue Foods, LLC

Superior Court of Delaware

October 28, 2019

MARIE A. MONDESTIN, Appellant,
v.
PERDUE FOODS, LLC and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellees.

          Submitted: October 16, 2019

          On Appeal from the Unemployment Insurance Appeal Board

          Marie A. Mondestin, pro se, 7753 Gaye Drive, Seaford, DE, 18873, Appellant.

          Aleeshia Belle, Human Resources, Perdue Foods, LLC, P.O. Box 283, Saint Louis, MO, 63166, Appellee.

          Daniel C. Mulveny, Esquire and Victoria W. Counihan, Esquire, Delaware Department of Justice, 820 North French Street, Wilmington, DE, 18901, Attorneys for Appellee, Unemployment Insurance Appeal Board.

          MEMORANDUM DECISION AND ORDER

          Craig A. Karsnitz, Judge

          I. INTRODUCTION

         Marie A. Mondestin ("Appellant") appeals the decision of the Unemployment Insurance Appeal Board (the "Board") that found she had been discharged from her place of employment for just cause in connection with that employment and was therefore disqualified from receiving unemployment insurance benefits. The Board's decision is affirmed for the reasons stated below.

         II. PROCEDURAL HISTORY

         Appellant was employed by Perdue Foods, LLC ("Employer") as a General Laborer in the Ground Chicken Department from November 1, 2016 until she was terminated on February 27, 2019. A Claims Deputy in the Delaware Department of Labor, Division of Unemployment Insurance, reviewed Appellant's application for unemployment benefits and determined that she had been terminated for just cause and was not qualified for unemployment insurance benefits. Appellant appealed that determination and a hearing was held before an Appeals Referee on April 23, 2019. The Appeals Referee reversed[1] the Claims Deputy's determination, deciding that Appellant was discharged without just cause and was qualified for unemployment insurance benefits. Employer then appealed to the Board, which held a hearing on June 12, 2019. Counsel for the Board and a representative of Employer were present; Appellant was not present. By way of written decision mailed July 16, 2019, the Board reversed the Appeals Referee's decision, finding Employer had terminated Ms. Smith's employment for just cause and concluding that Appellant was not entitled to unemployment benefits. Appellant now appeals to this Court.

         III. STANDARD OF REVIEW

         When reviewing the decisions of the Board, I must determine whether the Board's findings and conclusions of law are free from legal error and are supported by substantial evidence in the record.[2] "Substantial evidence" is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."[3] My review is limited: "It is not the appellate court's role to weigh the evidence, determine credibility questions or make its own factual findings, but merely to decide if the evidence is legally adequate to support the agency's factual findings."[4]

         IV. APPLICABLE LAW

         Just ...


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