Decision 70396

Case Number Claimant Judge Language Decision date
Decision 70396   Tannenbaum  English 2008-05-07
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  leave of absence denied 

Summary:

Absenting oneself when the employer has refused authorization may be viewed as misconduct, especially when the claimant was formally warned by the employer of the risk being taken by defying orders. The claimant had applied for time off in order to visit her ailing mother. The employer approved her leave from April 30th, 2007 until May 23rd, 2007. The employer advised her that she would be terminated if she did not return by May 24th, 2007. When someone asks for leave which is denied, the failure to respect the employer's requirement is recognized as a breach of trust between employer and employee, which is misconduct per se.


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