Dianne Mathews
was a manager for B and K Foods, Inc., when she was terminated.
She filed for
unemployment compensation but B and K objected. At an employment commission hearing, the
chief executive of B and K testified that it was company policy to pay employees who worked
through their lunch breaks. To be paid, a person turned in a “no lunch” sheet. Mathews, however,
turned in “no lunch” sheets when she ran personal errands. Mathews admitted knowing the policy
and occasionally abusing it. She claimed that a former manager had told her it was okay. The
unemployment commission disqualified her receipt of benefits. She appealed
.
A state intermediate appellate court
affirmed. “‘Work-related misconduct’ must involve a willful
violation of the rules or standards of the employer.” Mathews was familiar with B and K’s policy and
violated it. The court also noted that Mathews was responsible for subordinateDianne Mathews
was a manager for B and K Foods, Inc., when she was terminated.
She filed for
unemployment compensation but B and K objected. At an employment commission hearing, the
chief executive of B and K testified that it was company policy to pay employees who worked
through their lunch breaks. To be paid, a person turned in a “no lunch” sheet. Mathews, however,
turned in “no lunch” sheets when she ran personal errands. Mathews admitted knowing the policy
and occasionally abusing it. She claimed that a former manager had told her it was okay. The
unemployment commission disqualified her receipt of benefits. She appealed
.
A state intermediate appellate court
affirmed. “‘Work-related misconduct’ must involve a willful
violation of the rules or standards of the employer.” Mathews was familiar with B and K’s policy and
violated it. The court also noted that Mathews was responsible for subordinate
Suppose that Mathews had not admitted to knowing about the “no lunch” sheet policy. Would the result in this case have been different? Why or why no
No, even if Mathews had not admitted to knowing about the “no lunch” sheet policy, the result would not have been different. Even without this testimony, B and K have evidences on work-related misconduct wherein Mathew wilfully violated the rules or standards of the employer. B and K could have presented actual sheets of “no lunch” submitted by Mathews on this and other occasions. Thus, this evidence, would have been sufficient to show that Mathews was aware of the policy
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