| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
theft |
|
|
Summary:
The claimant's employment was terminated for alleged theft. The Commission made inquiries of the emplyer as to the circumstances surrounding the dismissal but the employer was unwilling to provide details. The claimant was approved for benefits. Only after the claimant was approved for benefits did the employer provided the Commission with details including that the theft was over $100,000. He had a video tape which showed the claimant loading the product on trucks and taking it. Later on the claimant stood watch as others loaded product on a truck without a work order and delivered the product to the home of the claimant’s cousin. The employer’s witnesses attended and provided what the Board found to be compelling evidence of the claimant’s misdeeds. The Commission asked the BOR to allow the employer's appeal. The Board further found that the claimant's acts were wilful and met the definition of misconduct as defined by the Act. The employer's appeal was unanimously allowed by the BOR. Theft from an employer is serious conduct striking at the heart of the trust required in the employer-employee relationship. The BOR made no error in finding that the claimant's action amounted to misconduct. The appeal by the claimant is dismissed by the Umpire.
