Decision 76341

Case Number Claimant Judge Language Decision date
Decision 76341   Riche David G.  English 2013-03-18
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


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

Summary:

The employer confirmed the reason for terminating of his employees was that they had camera evidence that three employees were stealing from the parking meters. This showed that the revenue from the meters had decreased by approximately $2675. The claimant admitted taking the money. However, he added that this practice of taking loose monies from the meters was going on for a long time and was done even before he began working there. The board found that the claimant’s conduct was not willful and reckless because of the practice of sharing monies from outside the can was established before he came to work there. For these reasons they allowed the appeal. The Commission describes the act of theft from your employer is an act which must be considered willful and certainly contrary to the trust that the employer placed in the employee. The appeal by the Commission is allowed.


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