I am going to take a break from this discussion on criminal acts to report on a favorable decision I received yesterday from the Appeals Board. The employer had appealed the Administrative Law Judge's decision that the Claimant was not guilty of misconduct. This case is note worthy for several reasons:
1) The initial determination disqualifying the claimant from receiving benefits was effective August 2008. The administrative law judge hearing lasted several months and a favorable decision was not received until April of 2009. That was an 8 month wait for a decision.
2) The employer appealed, and after several hearings on whether the employer filed a timely appeal, the Appeals Board issued their decision in February of 2010. That is almost 10 months from the initial decision.
3) The Appeals Board stated, in upholding the Claimant's right to benefits, that "poor job performance and poor attitude do not constitute misconduct".
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And just as a follow up, the employer has just filed an application to reopen this case - the hearing process can be just that - a process.
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