0002 1755 35 (Aug. 6, 2014) – A week after discharging the claimant property manager for poor job performance connected to unreconciled deficiencies in the accounts receivable, the employer uncovered an embezzlement scheme. In disqualifying the claimant for deliberate misconduct, the Board accepted the employer’s “after acquired evidence,” because it was linked substantively to the reason for the claimant’s discharge.
0008 9856 93 (Jan. 9, 2014) – A claimant who refused to sign a last chance agreement in lieu of termination did not separate from her job voluntarily; she was fired. Since the underlying conduct was the claimant’s poor work performance and there was no evidence that the claimant acted wilfully or deliberately, the Board held that she may not be disqualified under G.L. c. 151A, § 25(e)(2).
BR-110349 (June 6, 2010) -- Prior to a planned termination date for poor performance, the claimant engaged in deliberate misconduct and was fired immediately. Because the deliberate misconduct, and not an inability to perform, severed her employment, a majority of the Board denied benefits under G.L. c. 151A, sec. 25(e)(2). One member filed a dissenting opinion.
BR-109435 (Mar. 15, 2010) -- Where medical evidence showed that claimant's difficulty concentrating was due to an allergic reaction to mold in the work environment, claimant's errors were not deliberate. A claimant who is discharged for poor performance is entitled to benefits.
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