Case Caption: Elizabeth Pichardo (Appellant/Plaintiff) vs. Cecil R. Benjamin, Commissioner of Labor, etal. (Appellees/Defendants)Case Number: S.Ct. Civ. No. 2007/061Date: 04/16/2008Author: Per CuriamCitation: Summary:

Appellant Elizabeth Pichardo (hereafter "Pichardo") challenges the Superior Court's refusal to consider her due process claims in its Order affirming the decision of the Department of Labor (hereafter "DOL") that Cool It, Inc. d/b/a/ Agave Terrace Restaurant(hereafter "Agave") did not violate the Wrongful Discharge Act (hereafter "WDA") in firing her. Pichardo asks this Court to find that her due process rights were violated by the DOL's nineteen month delay in holding a hearing and the additional twenty-three month delay in issuing its decision. For the reasons stated below, we find that the Superior Court correctly declined to address Pichardo's due process arguments on a writ of review. Therefore, we will affirm the decision of the Superior Court.

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