0079 2730 36
0079 2730 36 (Feb. 8, 2024) – Claimant failed to attend two mandatory meetings with the employer. Following his attorney’s advice not to attend was a choice the claimant made and does not constitute a mitigating circumstance to justify his misconduct. Held the claimant’s failure to attend the meetings was deliberate misconduct in wilful disregard of the employer’s interest, and he is ineligible for benefits pursuant to G.L. c. 151A, § 25(e)(2).
0075 1269 35
0075 1269 35 (Sept. 15, 2023) – Although the claimant asserted that she had both medical and religious reasons that prevented her from complying with the employer’s mandatory COVID-19 vaccination policy, her own medical records and recent history of getting the influenza vaccine did not support this assertion. Held she failed to demonstrate mitigating circumstances, and she is disqualified due to deliberate misconduct in wilful disregard of the employer’s interest pursuant to G.L. c. 151A, § 25(e)(2).
0075 8374 65
0075 8374 65 (Sept. 26, 2022) – The claimant was discharged because she failed to comply with the employer’s mandatory COVID-19 vaccination policy after the employer denied her request for a religious exemption. Her sincerely held religious beliefs, which prevented her from getting the vaccination, constituted mitigating circumstances, and she may not be disqualified for deliberate misconduct in wilful disregard of the employer’s interest. The claimant is eligible for benefits pursuant to G.L. c. 151A, § 25(e)(2).
0073 6880 42
0073 6880 42 (July 29, 2022) – The employer denied the claimant’s request for a medical exemption to its mandatory COVID-19 vaccination policy, because her physician could not identify any a specific substance in the vaccines which she was allergic to. Given her history of severe allergic reactions to unknown substances, her physician advised against getting this or any other vaccine. Held the claimant’s medical reason for declining to comply with the policy constituted mitigating circumstances and she may not be disqualified for deliberate misconduct in wilful disregard of the employer’s interest. Held further that, because she was incapable of complying with the policy, she could not be disqualified for a knowing violation of a reasonable and uniformly enforced policy. The claimant was eligible for benefits pursuant to G.L. c. 151A, § 25(e)(2).
0024 3831 85
0024 3831 85 (June 25, 2020) – The claimant could not work or find coverage for her shift due to factors over which she had no control. Under the circumstances, enforcement of the employer’s strict policy requiring finding a replacement or being fired was unreasonable. She is eligible for benefits under G.L. c. 151A, § 25(e)(2).
0032 9964 35
0032 9964 35 (May 20, 2020) – After complaining about a coworker’s sexual harassment, the claimant was subject to continued harassing behavior. Her angry responses were reasonable under the circumstances, even if disruptive to the workplace. Held the claimant did not engage in deliberate misconduct in wilful disregard of the employer’s interest, but that any misconduct was due to mitigating circumstances.
0025 5481 67
0025 5481 67 (Feb. 27, 2019) – Claimant refused to sign three disciplinary action forms, because she felt they were factually wrong, even though the employer made it clear that she would be fired for refusing to sign. Disagreement with the factual allegations did not constitute mitigating circumstances, where she could have expressed her disagreement in the space provided for the employee’s response on each form. Held claimant was discharged for deliberate misconduct in wilful disregard of the employer’s interest.
0025 0774 89
0025 0774 89 (Nov. 16, 2018) – Claimant was discharged for not reporting to work due to the effects of snow storm, including a downed power line blocking her driveway. She is not disqualified under G.L. c. 151A, § 25(e)(2), because her failure to go to work on the final day was not deliberate or done in wilful disregard of the employer’s interests, but was attributable to circumstances beyond her control.
0023 8366 01
0023 8366 01 (Sept. 27, 2018) – Claimant assistant store manager, who was fired for bringing her grandchildren to work after a final warning that threatened discharge if she brought the children to work again, established mitigating circumstances. She had no alternative care for her grandchildren, her daughter did not pick up the children as scheduled (or respond to messages), her manager did not return calls asking how to proceed, and the claimant was afraid she would be discharged if she failed to open the store she managed.
0019 4380 59
0019 4380 59 (June 29, 2017) – Claimant left his shift early after his supervisor warned him not to and was subsequently fired. The Board disqualified him under G.L. c. 151A, § 25(e)(2) for deliberate misconduct in wilful disregard of the employer's interest. Being tired did not provide mitigating circumstances.