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West Virginia Unemployment Case Law
These cases are from the West Virginia Judicial Server
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Adkins et al
After a fistfight at city hall, several workers there quit because of what they saw as a dangerous environment.
Wait till you read what this parking lot attendant was fired for !
A school custodian had always been put to work painting in the summer. But this summer, there was no work. The court says he doesn't collect because he's on school break.
She goofed up patients' drug doses. First there were five errors in six days, so they put her on probation. Then there were a bunch more errors, so they fired her. But the court says errors are not gross misconduct, so she collects.
She brandished a knife at a fellow employee.
They took an early retirement package to avoid layoffs.
He was told not to let her use the company computer because she didn't work for the company. But he didn't stop allowing it until they put it in writing. They fired him. He says he should collect because as soon as they put it in writing he stopped. The court agrees!
Cutright - dissent
This judge thinks Cutright is abusing the system. He was told not to do it, it wasn't an unreasonable order, and he shouldn't have required a written mandate.
When they hired him to drive he said he had a driver's license. He did not. Is this gross misconduct or simple misconduct? The law is not clear.
Davis et al
The factory shut down a couple of weeks because business was slow. They were told about it months before, so they could plan their vacations to coincide. But the court says they collect, because they weren't sure it would happen.
She quit because work stressed her out. But she never saw a doctor for it, she never asked for time off for it, and the employer never got on her back. The court says she doesn't collect.
When the mail clerk died, they asked her to pitch in, so she quit. The court says she collects, because they changed the terms of employment.
Glass - dissent
This judge is flabbergasted. He says they could never run their own court this way, with people quitting every time you asked them to help out.
She quit because they wouldn't let her use the company car for personal business any more, because the insurance wouldn't cover it. The court says she doesn't collect.
A night janitor snitched food from the cafeteria.
Kirk .. dissent
Gotta love this judge. He speaks his mind. Thinks it preposterously severe to deny unemployment to a food thief.
She worked at a charity for the blind, which was exempt from paying the Unemployment tax. Therefore, she can't collect Unemployment.
Her duties kept increasing but her pay did not, so she finally quit.
The law said she had to quit her court job if she wanted to run for office, so she did. The court says that because she quit, she can't collect.
Sexton Can
Striking workers try to get unemployment benefits.
Smittle, et al
The company says these men are on strike, and shouldn't collect. The court says the company shut down, so they're locked out, and collect.
He was fired because they say he took a coin from a condemned house. He collects.
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