Case remanded where requirements for dismissal not met
Wednesday, May 6, 2020

Case remanded where requirements for dismissal not met

By Payroll and Entitlements Editorial Staff

The claimant worked for a staffing company as a substitute paraprofessional and was hired as a temporary employee working on an as needed basis. There was a dispute as to whether the claimant voluntarily quit her job. The Board dismissed the claimant’s case, finding that she was late and failed to appear at her hearing. The Board failed to attach the Notice of Right to Appeal the Decision or Rehearing Request to its decision. However, the claimant appealed anyway and argued that the Board improperly disqualified her from benefits and improperly dismissed her case. The court found that the Board provided no record showing that the requirements for dismissal were met and, therefore, abused its discretion by summarily dismissing the claimant’s case. It was thus remanded for consideration on the merits (Sheryl Johnson v. First State Staffing Solutions and UIAB, Del. Super. Ct., No. N19A-08-004 ALR, February 6, 2020).

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