0002 2960 41 (Jan. 17, 2014) – Claimant’s resignation in the middle of a disciplinary investigation was not involuntary in anticipation of discharge within the meaning of the Supreme Judicial Court’s decision in Malone-Campagna. The employer’s investigatory process was incomplete and any discharge for alleged misconduct was not imminent. The claimant had to burden to prove that her resignation was for good cause attributable to the employer.
BR-114109-A (June 2, 2011) -- A majority of the Board held that where a claimant quits in anticipation of discharge, we consider whether her separation was caused by deliberate misconduct. Based upon her guilty plea to criminal theft charges, we conclude that her separation was disqualifying.