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BOR decision - not a knowing violation or deliberate misconduct

Date: 
01/20/2017
Author: 
BOR (Board of Review)
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The Board reversed the Review Examiner’s decision, finding that there was no evidence that the claimant was aware when he contacted his wife, another employee, at the workplace to discuss their divorce matter that it was against the employer’s rules or policies.  The Board also found that the employer’s rule regarding “professionalism” was vague on its face, that their rule prohibiting discussing personal matters was not violated because the claimant made attempts to speak about his and his wife’s divorce matter away from staff and students, and that when the claimant contacted his wife outside of work he did not understand this was a violation of the employer’s directive, and therefore his conduct was not a “knowing violation” or “deliberate misconduct” under G.L. c. 151A, sec. 25(e)(2).

Represented by Community Legal Aid.

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