“Deliberate misconduct”

August 13, 2012

  • 392T Unemployment Compensation
  • 392TIV Cause of Unemployment
  • 392TIV(B) Fault or Misconduct
  • 392Tk67 Violation of Rules, Disobedience, or Insubordination in General
  • 392Tk68 k. In General.

392T Unemployment CompensationRude remark made by employee to customer on the telephone while working as credit analyst, stating “Hold on you idiot,” constituted deliberate misconduct in wilful disregard of employer’s interest, such that employee was ineligible to receive unemployment benefits after his discharge for such conduct, although employee made remark in response to customer’s ethnic slur, where employee had twice been reprimanded for rude and inappropriate behavior toward customers, employee had received both verbal warnings and corrective action forms which he signed, and employee knew it was employer’s policy for employees to be polite and courteous regardless of the circumstances.
Gupta v. Deputy Dir. Of Div. Of Employment & Training, 818 N.E.2d 217 (Mass. App. Ct. 2004)

Suggested by Michael Paulos, Westlaw Reference Attorney