0030 1739 56 (Nov. 25, 2019) – The claimant was fired for a Facebook post critical of the employer school district’s Superintendent. Held the claimant was eligible for benefits under G.L. c. 151A, § 25(e)(2), because the employer failed to prove that it had previously communicated expectations about such social media activity or that the claimant’s actions constituted misconduct.
0031 2558 84 (Oct. 30, 2019) – Claimant was discharged for failing a breathalyzer test. Where the findings provide that he had consumed alcohol more than 10 hours before his shift and there was no evidence of intoxicated behavior, Board concludes that there was not substantial and credible evidence to determine that the claimant violated the employer’s policy not to report to work intoxicated or under the influence of alcohol.
0025 2119 21 (Oct. 30, 2018) – Where claimant was fired for simply asking if his girlfriend went into labor and the claimant left work, would the supervisor put his time in as time worked, the claimant is not disqualified under G.L. c. 151A, § 25(e)(2). This was merely a hypothetical question. The claimant did not actually falsify any time records and the employer did not show that the claimant believed at the time that he was violating a policy or acting in wilful disregard of the employer’s interest.