BR-110099
The Board of Review found that the claimant, who suffered from alcoholism and was terminated for losing her driver's license through an OUI, a requisite for her job, did not act willfully. Note: This case is now on appeal by DUA to the District Court.
First Board of Review decision received by a legal services organization since the Board asked for opinions on its alcoholism policy in late 2010. Decision reaffirms policy under Shepherd case - claimant's alcoholism mitigates the wilfulness of the misconduct for which she was fired. Decision expressly requires that claimant provide sufficient evidence at the time of wrongful conduct that claimant suffered from disease of alcoholism, was unable to control the addition and that these two factors caused the wrongful behavior and discharge (see SRH 1216(G) for comparable analysis).
Advocates: Brigid Kennedy-Pfister, Jim Breslauer, NLS, and Greater Boston Legal Services.
| Attachment | Size |
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| BR 110099.pdf (768.44 KB) | 768.44 KB |