DC 200.41 Incarceration

Click on the case numbers below to access decisions that address the eligibility of a claimant whose incarceration led to being fired from work for deliberate misconduct.

BR-110511

BR-110511 (Dec. 2, 2009) – Employer knew that the claimant could not report for work because he was in jail.  Although charges were continued without a finding and he was released, the claimant was fired because of an unauthorized leave.  Since his absence was not due to deliberate misconduct, nor due to a conviction of a crime, the claimant was entitled to benefits.

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