DIGEST OF ADJUDICATION PRECEDENTS MC
MC-41 (01/11)
ISSUES DIGEST CODE Misconduct/MC 139.05
DOCKET/DATE ABR-86-2404/8-28-86
AUTHORITY Section 602A of the Act
TITLE Discrimination
SUBTITLE Illness, Fear of Contagion
CROSS-REFERENCE MC 135.3 Discharge or Leaving; MC 390.25, Employees
In September, 1985, the claimant became ill with tuberculosis and was placed on indefinite leave. Thirteen months later, he was
released to return to work, without restrictions. (Copies of medical reports were submitted to the employer and, later, in evidence
at the appeal hearing). However, co-workers were still afraid of contagion and refused to work with the claimant. This view was
also held by persons in management, who were afraid that their own jobs might be on the line if the claimant was permitted to
return to work. The employer would not permit the claimant to return to work.
HELD: An employee has the obligation to so conduct himself as not to interfere with the proper operation of the employer's
business. But when a discharge results because an individual's co-workers object to working with him because of their dislike for
his race, religious beliefs, political beliefs, or other personal reasons - where no interference with the work has been demonstrated -
such a discharge cannot be for misconduct. In this case, the discharge was not for misconduct.
ISSUE/DIGEST CODE Misconduct/MC 140.05
DOCKET/DATE 83-BRD-5374/5-10-83
AUTHORITY 1./S-602A
TITLE Dishonesty
SUBTITLE General
CROSS-REFERENCE None
The employer, a hospital, testified that the claimant was discharged for misappropriating property while at work. The hospital
recently experienced numerous thefts, and it had marked currency placed in the pocket of a lab coat. The hospital's witness
observed the coat hanging on the hook immediately before the room was unlocked so that the claimant could clean the area. When
the claimant finished her activities, the employer's security officer checked the coat and found the currency missing. The claimant
was searched, and the marked currency was found in her coin purse.
The claimant testified that, upon entering the room, she found the coat and the currency on the floor. She stated that she hung the
coat back up on the hook and placed the currency in her pocket. She further indicated she intended to take the money to the
security department but that she was confronted and accused of appropriating the funds before doing so.
HELD: The claimant was discharged for taking possession of the employer's marked currency in her work area and during the
course of her employment. The claimant's explanation of the incident lacked credibility in light of her contention that she picked
up the coat but put the money in her coin purse, even though the employer observed the coat hanging on a hook just prior to the
claimant's entry. It is concluded that all necessary elements have been proved, and the claimant was discharged for misconduct
connected with her work. She is disqualified for benefits.
ISSUE/DIGEST CODE Misconduct/MC 140.05
DOCKET/DATE 83-BRD-14228/11-30-83
AUTHORITY 2./S-602A
TITLE Dishonesty
SUBTITLE General
CROSS-REFERENCE None
The claimant worked as a school bus driver. She had been suspended on four occasions for absences from work without
notification to the employer. On the last occasion leading to her discharge, the claimant was late in picking up children on her bus
route, and she attributed her tardiness to her college courses. The employer contacted the claimant's school to verify the claimant's
reason and found that the claimant was not registered at the school. On March 28, 1983, the claimant was discharged.
