The Online Resource for Massachusetts Poverty Law Advocates

BR-110099

Date: 
02/25/2011
Author: 
BOR (Board of Review)

First Board of Review decision received by a legal services organization since the Board asked for opinions on its alcoholism policy in late 2010.  Decision reaffirms policy under Shepherd case - claimant's alcoholism mitigates the wilfulness of the misconduct for which she was fired.  Decision expressly requires that claimant provide sufficient evidence at the time of wrongful conduct that claimant suffered from disease of alcoholism, was unable to control the addition and that these two factors caused the wrongful behavior and discharge (see SRH 1216(G) for comparable analysis).

 

Advocates:  Brigid Kennedy-Pfister, Jim Breslauer, NLS. 

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