BOR 0012200549

BOR reversed RE decision denying UI on deliberate misconduct grounds. Claimant worked as an auto mechanic for a car dealership and was fired for working on a family member’s vehicle without prior authorization.  Board first allowed remanded to the RE to take additional evidence to clarify the employer’s testimony, which claimant's advocate argued had been mischaracterized by the RE, and also for findings on claimant's state of mind, which decision did not include.  After remand, BOR ruled that RE's findings establish that claimant did not know he could be discharged for working on family member's vehicle without permission from employer, and Board reversed decision and found the client entitled to benefits.

Advocate: Margaretta Kroeger, MetroWest