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DC 300.4 Consciously Aware

Click on the case numbers below to access decisions that address whether a claimant was consciously aware of violating an employer policy.

0031 8875 66

0031 8875 66 (Feb. 5, 2020) – The claimant mistakenly believed that she had properly requested time off from work electronically, and her employer discharged her for failing to show up to work for the days she thought she had off. She is not disqualified under G.L. c. 151A, § 25(e)(2), because the claimant did not have a disqualifying state of mind when she was absent for the days in question. 

0028 1696 05

0028 1696 05 (May 23, 2019) – Claimant was hospitalized with a serious illness and medication made him too sleepy and disoriented to follow the proper attendance policy protocol of contacting his supervisor when he called out of work. Board held mitigating circumstances negated the willfulness of the claimant’s misconduct. It is also not a knowing violation of the employer’s policy because, at the time, he was not consciously aware that he was violating the policy. Claimant is eligible for benefits under G.L. c. 151A, § 25(e)(2).

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