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Failure To Sign Disciplinary Memo Resulting In Termination Leads To No Unemployment Benefits

Failure To Sign Disciplinary Memo Resulting In Termination Leads To No Unemployment Benefits

June 16, 2012 by Mark H. Wagner

In Paratransit, Inv. v. Unemployment Insurance Appeals Board, the Court of Appeals upheld a trial court’s ruling that the plaintiff was not entitled to unemployment benefits.  The employee was working for a company and was being disciplined for alleged wrongful conduct.  The employee refused to sign a disciplinary form.  As a result of the refusal, he was fired.  After being denied benefits, he appealed and the Unemployment Insurance Appeals Board (“Board”) determined the refusal to sign the memorandum was, at most, a good faith error in judgment that did not disqualify him from receiving unemployment benefits.  The trial court disagreed and directed the Board to set aside its decision and to enter a new one finding employee was disqualified from receiving unemployment benefits.  The Court of Appeals affirmed and concluded that the employee’s  failure to sign the disciplinary memo violated his obligations to the employer to follow a lawful and proper directive.  As a result of the misconduct, he was not entitled to benefits.

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