Department of Health & Social Services v. Crossan

DUFFY, Justice:

In this case the Superior Court ordered the Department of Health and Social Services to pay interest on a judgment for “back pay” awarded to Charles Crossan, an employee who had been discharged for cause and later reinstated. Our understanding of the governing law is different from that of the Superior Court and, accordingly, we must reverse its judgment.

I

Charles Crossan (defendant) was employed provisionally as a welfare investigator by the State Department of Health and Social Services. See 29 Del.C. § 5924. After failing three tests, given under the merit system, for the…