Decision 22352

Case Number Claimant Judge Language Decision date
Decision 22352   Muldoon  English 1993-02-11
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  dereliction of duty 


The claimant admits that he took a break and fell asleep during his shift. This would not appear to be an error in the way he performed his job but rather failing to perform it at all for a period of time. That is misconduct.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  tantamount to dismissal 


A claimant who is forced to resign or face dismissal does not voluntarily leave his or her job and the Commission is entitled to consider the issue of misconduct.

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