Delaware Court Clerk Loses Benefits after Emailing Mark Zuckerberg
A Delaware Superior Court judge has ruled that a clerk for the Court of Chancery in Wilmington was terminated for "just cause" for using her state email account in 2017 to solicit the Facebook CEO's help for an unspecified "product" she was developing.
December 18, 2018 at 01:37 PM
4 minute read
The original version of this story was published on Law.com
A Delaware judge has upheld an administrative ruling that denied unemployment benefits to a Chancery Court employee who was fired for contacting Mark Zuckerberg to ask the Facebook CEO for support with her personal business venture.
Superior Court Judge Andrea Rocanelli has ruled that Donna White, a court clerk for the Court of Chancery in Wilmington, was terminated for “just cause” for using her state email account in 2017 to solicit Zuckerberg's help for an unspecified “product” that she was developing.
According to court documents, the subject line of the Oct. 6 email read: “Delaware Trial.”
“You don't know me, but I am looking forward to meeting you in Delaware for the trial,” White said in the correspondence, sent to Zuckerberg's company email account. “I am the court clerk, and I was hoping to get your ear about my product. Please let me know if this is something you'd be willing to guide me through and help me accomplish.”
In her email signature, White identified herself as “lead clerk,” a title that the Chancery Court said does not exit in Delaware.
Zuckerberg, who at the time was the subject of a shareholder lawsuit over a planned restructuring of the company's stock, turned the email over to Chancery Court officials, and White was fired the following month, according to court documents.
Legal filings revealed that Chancellor Andre G. Bouchard and a Delaware attorney raised concerns that the email “put the court in a bad light.”
Multiple calls placed to a phone number White provided in court filings were not returned. A spokesman for the Delaware courts directed inquiries to Chancery Court Administrator Karlis Johnson, who did not return repeated calls seeking comment for this story.
White, who had been employed with the Chancery Court since August 2010, was denied unemployment benefits after the Unemployment Insurance Appeal Board agreed that she had violated the judiciary's employee code of conduct, which bars court employees from using their positions to obtain personal benefits.
On appeal to the Superior Court, White said she sent the email two weeks after the case settled; however, the lawsuit remained pending as both sides continued to battle over attorney fees, though Zuckerberg never did have to testify.
White, who represented herself, said it was “commonplace practice among state employees” to send such emails, citing messages she received during work hours from other employees selling candy bars and Girl Scout cookies. She alleged that her firing was actually the result of claims she filed against the Court of Chancery in early 2017 for harassment and discrimination.
The Chancery Court, represented by an attorney for the Delaware Department of Justice, argued that there was “little question” White had violated the the court's policies and said that her failure to understand the significance of the email “underscores why she is no longer with the court.”
“A communication by a member of the judicial branch to a litigant in an active court case is not going to be ignored,” Deputy Attorney General Kevin R. Slattery said in a filing.
“Whether she intended to use her position or not, White clearly intended to send an email to a court litigant for her own benefit, and this violated any court employee's expected standard of conduct,” he said.
In her decision last week, Rocanelli said that while the Chancery Court has a “progressive” discipline policy, even a single incident of misconduct can establish a basis for just cause termination. The ruling did not address White's claims regarding her earlier allegations discrimination and harassment.
The case, on appeal to the Superior Court, was captioned White v. Court of Chancery.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250