Breech v. The Town of Ocean View
S15A-12-001 RFS
| Del. Super. Ct. | Aug 15, 2016Background
- Melanie Breech worked for the Town of Ocean View as a receptionist from 2003 until her termination on May 13, 2015 after testing positive for marijuana.
- Breech had received and signed the Town personnel policies in 2009, including §28-20(A)(7) requiring compliance with local, state, and federal law, and a drug/substance abuse policy prohibiting illegal drug use at work.
- At a termination meeting Breech admitted daily marijuana use and stated she would continue using; she was not a Delaware medical marijuana cardholder at that time.
- A Claims Deputy initially disqualified Breech for unemployment benefits for being discharged for just cause; an Appeals Referee reversed and found she was entitled to benefits.
- The Town appealed; the Unemployment Insurance Appeal Board (UIAB) reversed the Referee, finding Breech’s admission and violation of the Town policy constituted willful and wanton conduct and justified discharge.
- Breech appealed to the Superior Court, arguing DMMA protection would have applied if her card application process had been faster; the Superior Court affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Breech was discharged for "just cause" under 19 Del. C. §3314(2) | Breech argued her marijuana use would have been lawful under the DMMA if her card application had been processed sooner, so termination lacked just cause | Town argued Breech violated its policy requiring compliance with law; she admitted illegal marijuana use and refused to stop, justifying discharge | Court held there was substantial evidence of just cause; discharge affirmed |
| Whether DMMA protected Breech at time of termination | Breech contended delay in receiving medical marijuana card should not defeat protection | Town pointed out Breech was not a cardholder at termination and DMMA does not prohibit employer discipline for workplace ingestion or working under influence | Held DMMA did not apply because Breech was not a cardholder; employer may discipline for workplace marijuana use |
| Whether employer proved willful/wanton conduct or impaired job performance required for disqualification | Breech suggested Town failed to show she was under the influence at work or that performance was affected (relying on Burger) | Town relied on policy violation and Breech’s admission of illegal use as willful/wanton conduct irrespective of demonstrable impairment | Court distinguished Burger (no policy there) and found admission of illegal use and policy violation sufficient to show willful/wanton conduct |
| Whether Board’s decision was supported by substantial evidence and free from legal error | Breech argued factual and legal error in Board’s conclusion | Town argued record contains admission and policy notice supporting Board | Court held Board’s decision was supported by substantial evidence and free from legal error |
Key Cases Cited
- Oceanport Ind. v. Wilm. Stevedores, 636 A.2d 892 (Del. 1994) (standard for appellate review of administrative findings)
- Thompson v. Christiana Care Health Sys., 25 A.3d 778 (Del. 2011) (definition and application of just cause/willful and wanton conduct in employment context)
- Hubbard v. Unemployment Ins. Appeal Bd., 352 A.2d 761 (Del. 1976) (administrative review scope and deference to board findings)
- Burger v. Unemployment Compensation Bd. of Review, 801 A.2d 487 (Pa. 2002) (discussed regarding necessity of policies governing employee conduct)