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).
Click on the case numbers below to access eligibility decisions, where drug use is asserted as a mitigating factor for conduct which caused a claimant’s termination from employment.