Decision 52258

Case Number Claimant Judge Language Decision date
Decision 52258   Marin  French 2001-10-24
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  dishonesty 

Summary:

To avoid paying the 15 cents return, claimant wilfully sold beer at $3.00 instead of $2.85. He was fired. BOR did not establish misconduct because there was no theft, no criminal action, and there was no police report. False premise according to Umpire. Employee must justify any deliberate and conscious action that would prejudice the integrity of his functions.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  merit of dismissal 

Summary:

To avoid paying the 15 cents return, claimant wilfully sold beer at $3.00 instead of $2.85. He was fired. BOR did not establish misconduct because there was no theft, no criminal action, and there was no police report. False premise according to Umpire. Employee must justify any deliberate and conscious action that would prejudice the integrity of his functions.


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