UI: Deliberate Misconduct

The Board reversed the Review Examiner’s decision, finding that there was no evidence that the claimant was aware when he contacted his wife, another employee, at the workplace to discuss their divorce matter that it was against the employer’s rules or policies.  The Board also…

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…

BOR reversed RE decision denying UI on grounds of claimant's deliberate misconduct. Clamant worked in the prepared foods section of a supermarket and used frozen vacuum-sealed meat that was past its expiration date to prepare sandwiches for customers.  The employer had an…

Decision that claimant did not engage in deliberate misconduct in willful disregard of the employer’s interest where her fiance's mother's hospitalization and death presented mitigating circumstances for her absence from work.

The combination of the claimant’s homelessness and the last-minute refusal of the expected ride to work from her friend only twenty minutes before the claimant was scheduled to leave for work, making her frantic and causing her to forget to call the supervisor to report that she would be late…

Where an allegation of theft or misappropriation of funds is the basis for discharge, the employer must provide "substantial and credible evidence or proof" that the theft or misappropriation occurred, SRH § 1334, and that the claimant was involved in the theft.

Decision that claimant's failure to properly perform job duties by incorrectly transferring calls was perhaps unsatisfactory job performance but there was no substantial and credible evidence of deliberate misconduct, and claimant is entitled to receive UI.

Even if the employee's judgment is erroneous, good faith errors are not willful disregard of the employer's interest, as where the claimant mistakenly believed his commute by public transportation would not be affected by a holiday bus schedule.

BOR reversed denial of UI, ruling that employer had not met burden of proof that employee committed deliberate misconduct. Good language on that issue and also Review Examiner's "unpersuasive and legally insufficient" credibility assessment. Advocate: Brian Flynn, GBLS

Decision finding no willful disregard nor knowing violation. Circumstances mitigated claimant's failure to return to work by deadline set by employer following work injury-related absence, where claimant attempted to comply with deadline by making contact with employer and setting early medical…

A bus driver suffering from an enlarged prostate, having been stuck in unusually heavy traffic, urinated publicly to avoid wetting himself. The Board of Review found the claimant’s actions to be sufficiently mitigated by the circumstances.

Arriving late to work is not deliberate misconduct where the claimant set an alarm clock but slept through it. The setting of the alarm demonstrates an intent to arrive at work on time.

Decision that claimant did not engage in deliberate misconduct in willful disregard of the employer's interest, or knowingly violate a reasonable and uniformly enforced rule or policy where evidence was presented of mitigating circumstances in the form of a flat tire preventing the claimant from…

Claimant found not disqualified from receiving UC benefits. Claimant left work without notifying supervisor. Claimant's failure to notify supervisor prior to leaving work was mitigated by fact that claimant was bi-polar and medications were not working and that claimant left work after…

Claimant who was discharged after failing drug test found that employer did not meet burden of proving deliberate misconduct. No evidence that drug testing was conducted in accordance with accepted standards. Also policy prohibited being under influence in workplace and employer did not meet burden…

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…

The claimant, who worked at a childcare center, was not disqualified from receiving UI after committing a third feeding violation warranting termination under the center's policy, because a mistake does not constitute intentional disregard. Advocate: Greater Boston Legal Services

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.…

The Board rejected as unreliable a drug test that did not include a split urine sample (to ensure against contamination).  The Board found that in cases involving a random drug test, where the only evidence of the illegal drug was the positive test, the employer did not satisfy its burden…

In the absence of other evidence of illegal drug use, the employer does not satisfy its burden of proving misconduct or a violation of its drug policy unless the drug test comports with federal government standards.  Advocate: Greater Boston Legal Services 

The Court found that the claimant, who violated a work rule by unintentionally falling asleep, did not engage in deliberate misconduct. Advocate: Greater Boston Legal Services

Finding that the employer, who fired the claimant for cursing at her supervisor, did not prove that the claimant's misconduct was deliberate in light of mitigating circumstances of the supervisor's offensive behavior. Advocate: Greater Boston Legal Services

The claimant was not disqualified from receiving UI because the employer failed to prove that the claimant had control of his alcoholism or that he deliberately or willfully refused to accept help in controlling it.   Advocate: Greater Boston Legal Services

This decision addresses the specific issue of a "Continued Without a Finding (CWOF)" disposition. The RE determined that because the claimant "admitted to sufficient facts" as required by the CWOF, that his course of conduct was voluntary and the claimant contructively…

This case involved a LPN who was discharged by a nursing home for reporting to work intoxicated by drugs. A screen showed marijuana, cocaine, Klonopin and Adivan in her bloodstream. She did not have a current prescription for the medications. They were left-overs from a past prescription given to…

Claimant’s negligent failure to check a catheter does not result in disqualification, notwithstanding the gravity of the error, as it was not intentional disregard of employee standards, and thus not deliberate misconduct.

Claimant worked in a residential DMH program.  He was fired for failing to comply with rule requiring that medical errors be reported immediately to employer.  R/E affirmed denial of benefits.  BOR reversed R/E and awarded benefits, ruling that claimant was unable to complete all…

Claimant did not realize he had failed to shut off machine before trying to clear a jam in the machine; therefore, his conduct was not an intentional violation of employer's safety policy and he was entitled to UI benefits.

Employee of temp agency on long-term contract to child care center discharged for missing work for school vacation week and two following days.  Following remand and new hearing, BOR determines that policy was too vague and left to client's discretion, and extenuating circumstances existed to…

Employer discharged claimant for testing positive for marijuana on random drug test.  On claimant's appeal, employer failed to present evidence to show that claimant used marijuana or chain of custody evidence to demonstrate that positive drug test report was reliable.  Board reversed…

Car salesman was fired for failing random drug test, testing positive for marijuana. Claimant challenged reliability of test, pointing out that he should have but did not test positive for other drugs because of prescription medications he was taking. R/E finds that since employer had no knowledge…

Assistant bank manager was fired for talking about the manager to a line worker in a way that employer said undermined the manager, but the decision to fire her was made by others in the company. Reversing R/E, BOR finds no misconduct, reasoning that since the manager did not view the offense as…

University janitor fired after refusing to accept transfer to an assignment where he would have reported to a supervisor who had recently treated him unfairly. Despite some incoherence, BOR credits claimant's testimony that he believed he could be disciplined but not fired for refusing this…

Claimant fired for using a vulgarism in a private phone call to describe consequences of owner's bouncing paychecks. BOR finds this was not deliberate misconduct considering that owner had recently used some of the same vulgarities. Also, mitigating circumstances existed since claimant had been…

After-school child care worker's failure to report that one girl reported another touched her private parts did not violate policy requiring her to report "suspected abuse" since claimant believed no inappropriate touching had occurred. BR-89507  

Automotive technician discharged after thirteen years for "refusal to perform assigned work," a rule violation, with no warning after he refused to switch from one priority assignment to another. Board, applying Still v. DET, finds no intent to violate the rule since claimant reasonably thought he…

Manufacturing supervisory employee was fired for insubordination after refusing to issue a reprimand to a line worker for an improper inspection. The claimant refused to do it because he did not believe the worker was at fault. R/E and BOR ruled claimant disqualified, reasoning that since the…

Claimant worked as a store Santa Claus. He was fired for doing personal business on company time after having once been warned. Prior warning (probation) was for using ATM; this time claimant picked up some merchandise which he had ordered before his shift but could not pick up on personal time…

Driver for vending machine service company scheduled a job interview, with the same employer for another job, for the end of his shift. Because of a snowstorm, he was delayed in his rounds, and in order not to miss the interview, he did not adequately service all the stops and was fired after…

Food service worker fired for insubordination, after twice arguing with a coworker in front of customers, was acting in "spontaneous reaction" and not consciously "in defiance of the employer's reasonable expectations. Therefore, following Still v. DET, she did not commit a knowing violation of a…

Claimant did not commit deliberate misconduct in eating two strawberries from the employer's produce, where she had seen supervisor and others doing the same and therefore assumed it was all right. BR-73847 Advocate: Patti Prunhuber, WMLS

Where store clerk intended to but initially did not pay for merchandise, worth $4, BOR reverses disqualification. Includes Memorandum of Law requesting reversal. BR-69642 Advocate: GBLS

Claimant was discharged after numerous telephone calls originating from house where he lived were billed to the employer. Reversing R/E, BOR finds that employer failed to meet its burden of proof of rule violation. Claimant denied making the calls, and only hearsay supported employer's claim…