DC 500.00 Poor Performance

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.