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DANIEL M. PAVUSA Appellant
vs.
TIPTON TRUCKING CO. INC. and the UNEMPLOYMENT INSURANCE APPEAL BOARD Appellees.
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Issues:
Unemployment benefits, alcohol, policy and procedure.
Case Summary:
Daniel Pavusa appeals a decision that denied him unemployment benefits after he was dismissed for consuming alcohol before reporting to work. His employer claimed Pavusa was involved in an altercation with a customer on the same day.
Decision of lower jurisdiction:
A state review board determined that Pavusa was dismissed for just cause. The board noted that Pavusa admitted consuming alcohol before reporting to work and dismissed his assertion that he was not under the influence. Pavusa now appeals.
Outcome:
Pavusa wins. The Superior Court of Delaware reversed the board's decision and granted unemployment benefits. The court ruled that the company's policy concerning alcohol might not have been articulated well enough to all employees. The court also said there was insufficient evidence to deny benefits.