BR-109541

Claimant was arrested on rape charges on the day that he was supposed to return to work from medical leave. He remained incarcerated for 12 days until his wife was able to raise sufficient money for his bail. The Board upheld R/E's ruling that his separation was voluntary.

The Board did not do an analysis of whether there was an urgent compelling reason for his failure to return or whether he made reasonable efforts to contact his employer and preserve his employment when he was released on bail. The claimant was ultimately convicted. This information was not in the record but the Board did some extra-judicial research and took note of his conviction (see footnote one).

NLS case