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Kentucky Unemployment Case Law
From the Kentucky Judiciary site.
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The Army replaced them. They were all laid off. Even though they received large lump sum severance, they can still collect unemployment.
He tested positive for drugs. Period.
A truck driver refused to complete his assigment because he thought he could not get it done in the allotted time.
The first court said: "The Commission cannot substitute its own findings for those of the Referee..." This court says it can.
She was told her job would be in jeopardy if she did not show up as scheduled. She did not show up as scheduled.
Work performed by the partners in a Limited Liability Corporation is not covered employment. They cannot collect unemployment benefits.
She quit after arguing with her boss about the odor of the perfume she was wearing.
They hired a person who had been diagnosed with mental disorders and was under treatment. When she wigged out, they fired her. She says her behavior was not under her control. However, there is no medical testimony.
The court will not even hear the appeal because the attorney did not have her signature notarized.
They say she falsified her doctor's note in order to extend her period of light duty.
Business A leased a space, hired workers, conducted business, and ran up a quarter mil in unpaid unemployment taxes. Then they lost their lease. Now business B leases the same space, hires the same workers, and conducts the same businesss. That doesn't make them a successor to A, owing their unpaid taxes.
Commission sales are not covered empoloyment. However, this worker also received $5.77 a week in lieu of medical coverage. The state wants the employer to pay unemployment taxes on this sum as wages. However, this very interesting case will not be heard because the Kentucky court is a stickler for punctilio. The company did not name the commission in its appeal, so the court will not hear it.
To keep his new job, he had to pass a test. He failed the test.
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
While out with a bad back, she was required to call in each day. She didn't. They fired her.
Argued with a supervisor. Refused counseling.
They were unhappy with her attendance, but they did not keep attendance records. They gave her an ultimatum, and she refused.
They identified him as the man in the videotape stealing a coil of wire. But the claims referee says it could have been anyone.
Campus cops are required to live within half an hour of campus, in case there's an emergency. He moved too far away.
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
He took a job which was available because the workers were on strike; worked two days; then quit. He collects.
The company's new attendance policy said ten unauthorized absences would get you fired. She had nine absences for illness with doctors' notes and only one unauthorized absence when they fired her.
She quit after two days because her feet hurt.
After she was called as a witness in a sexual harassment suit against the University, they found six instances of job misconduct and fired her.
A principal was fired for having an affair with a teacher.
Several times over the years, a hospital nurse administered treatment without documenting it.
Refused to drink enough fluid to provide urine for a drug test.
A UPS driver had four accidents.
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
A newspaper claims its paper carriers are independent contractors, on whom they should not have to pay unemployment tax. A dissent follows.
She complained they made her work too hard. It stressed her out. She sought a counselor. Her counselor advised her to quit. So she did. We frequently see cases where women quit claiming job stress. This is the only one we have seen where the claimant collected benefits.
The state recorded the hearing, but the tape was blank. However, you cannot sue the state for damages resulting from it's negligence.
The Kentucky court is a stickler for punctilio. This appeal will not be heard because the paperwork named the Commissioners and not the Commission.
McAlpin et al
A group of security guards were accused of falsifying their time cards. They say they were just swapping shifts.
His wife kept a diary locked in her toolbox. The boss cut the lock off. He pointed a finger at the boss and shouted at him to stop messing with his wife. They fired him.
A school guidance counselor may not collect unemployment during summer vacation, despite the fact she is not directly employed by the school.
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
The company had a point-based attendance policy. He used up all his points.
When bond money came up missing, this guard got fired.
A convenience store manager left a money bag unattended, with predictable results.
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
He was offered a demotion and lower pay. He declined. Then they fired him.
The court will not even hear the appeal because she sent it to the "Division of Unemployment Insurance" and not the "Commission of the Division of Unemployment Insurance".
She complained the supervisor was sexually harassing her. The employer did not stop him.
Too much medical leave; not enough doctor's notes.
A liquor store clerk was fired because customers bounced checks.
Risen et al
The Kentucky court is a stickler for punctilio. They will not hear this appeal because it has not been "verified".
Fired for putting oily two by fours in the recycle bin.
Failed a random drug test. Says two friends held him down and blew pot smoke in his mouth.
A cab driver finds his eyesight is failing, so he has to quit. This court says his quit is for good cause connected with his work because eyesight is required by his work.
The court explains how the hearing officere did not conduct the hearing fairly.
Fired for coming back late from lunch. Loses her appeal on a pure technicality.
A trucking company argues that its drivers are independent contractors on whom they do not owe unemployment taxes.
Did not clearly explain to the employer why he could not work mandatory overtime the eighth day in a row.
Unhappy with shift changes; gave two weeks' notice; resignation accepted at once. Unfounded claims of racial discrimination.
She said could not lift heavy metal posts as required. So they told her to sign a "quit job paper". She collects.
They didn't like the way she handled a client, so they proposed to cut her hours in half.
The court will not even hear the appeal because the complaint was not sworn to under oath. Procedural minutiae appear to be effective at frustrating justice in Kentucky.
A claimant must continue to file for denied benefits each week until his appeal is settled.
Frequently tardy, because she had to drop her daughter off at school
Unhappy with a performance review, she resigned.
A fuel delivery truck driver allowed spilled fuel. He says it was a one time inadvertent accident. They say it was misconduct.
He appealed too late.
A manager failed to promptly report the theft of a large expensive item from the store. Hearsay is admissible.
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