DC 700.00 Condonation

Click on the case numbers below to access cases which address whether the employer’s behavior led the claimant to believe that a certain practice was not misconduct.

0071 3085 48

0071 3085 48 (Jan. 14, 2022) – Where use of an obscene hand gesture was a common occurrence and apparently tolerated in the workplace, the claimant’s using it in gest with a colleague was not done in wilful disregard of the employer’s interest.  Board held her discharge for this behavior was not disqualifying under G.L. c. 151A, § 25(e)(2).

0002 1180 82

0002 1180 82 (Feb. 18, 2004) – By waiting until the claimant’s fifth attendance violation following a final warning, which had provided that any further disciplinary problems will result in termination, the employer led the claimant to believe that his behavior was condoned.  The claimant lacked the requisite state of mind to be disqualified under G.L. c. 151A, § 25(e)(2).