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Guidance Documents - Benefit Cases - Benefit Decisions on Agency Guidance Documents List

SECTION I

Commission Decision 54991-C , Meade v. Buster Brown Apparel, Inc., Issued November 25, 1997, Va. Code Anno. § 60.2-229(A), whether payment made pursuant to 29 USCA § 2104 constitutes wages.

Commission Decision 41251-C , Williams v. U.S. Army, Issued March 19, 1993, Va. Code Anno. § 60.2-604, pension or other periodic payment, early separation from military.

Commission Decision 47602-C , Sikka v. Cater Air International Corp., Issued March 22, 1995, Va. Code Anno. § 60.2-604, Social Security disability benefits considered as periodic payment.

Commission Decision 45419-C , In re Purvis, Issued June 13, 1994, Va. Code Anno. § 60.2-608, withholding of child support up to 65% of weekly benefit.

SECTION II

Commission Decision 12665-C , Picard v. Hayes, Seay, Mattern & Mattern, Issued October 4, 1979, Va. Code Anno. § 60.2-612, unemployed individual, whether work performed was full-time work.

Commission Decision 22777-C , Moore v. Kiate Holt Company, Issued January 24, 1984, Va. Code Anno. § 60.2-612, unemployed individual, can a part-time worker be considered unemployed.

Commission Decision 25950-C , Heidreth v. Southwest Virginia Enterprise, Issued July11, 1986, Va. Code Anno. § 60.2-612, whether worker who is self-employed but earns nothing is considered unemployed.

Commission Decision 46472-C , Duncan v. Department of Corrections, Issued November 15, 1994, Va. Code Anno. § 60.2-612, definition of unemployed individual, if employee is reinstated with back pay after discharge, is employee eligible for UI during the period covered by reinstatement.

Commission Decision 50908-C , In re Parnell, Issued April 17, 1996, Va. Code Anno. § 60.2-612(1), monetary eligibility of federal employees.
Commission Decision 36809-C, Coy v. Philip Morris, Inc., Issued November 20, 1991, Va. Code Anno. § 60.2-612(5), failure to file continued claims during pendancy of appeal.

Commission Decision 23806-C , Sysco v. Virginia Stage Company, Issued August 31, 1984, Va. Code Anno. § 60.2-612(7), bona fide job search, going outside the normal labor market.

Commission Decision 38S56-C , Copeland v. U.S. Navy, Issued July 1, 1992 Va. Code Anno. § 60.2-612(7), availability, looking for work one day per week.

Commission Decision 47764-C , Lilliam v. Commonwealth Health Care, Issued April 4, 1995, Va. Code Anno. § 60.2-612(7), available for work.

Commission Decision 51212-C , Alderson v. Tultex Corporation, Issued May 17, 1996, Va. Code Anno. § 60.2-612(7), partial unemployment - suitability of work offered, severe weather conditions.

Decision SUA-3 , Fulk v. Rocco Farm Foods, Issued August 11, 1975, Va. Code Anno. § 60.2-612(7), available for work - required job search.

Decision UI-76-393 , Corbett v. C & P Telephone Company, Issued January 24, 1977, Va. Code Anno. § 60.2-612(7), available for work - disability.
 

SECTION III

Commission Decision 3153-C , Weaver v. Ideal Laundry & Dry Cleaners, Issued October 16, 1957, Va. Code Anno. § 60.2-618(1), good cause - health concern.

Commission Decision 5909-C , Mahew v. Capitol Concrete Rental Corporation, Issued March 12, 1973, Va. Code Anno. § 60.2-618(1), good cause - reduction of salary.

Commission Decision 6514-C , Thompson v. Dow Badische Company, Issued November26, 1974, Va. Code Anno. § 60.2-618(1), good cause - job transfer.

Commission Decision 8298-C , Gross v. Command Deliveries, Inc., Issued August 16, 1976, Va. Code Anno. § 60.2-618(1), good cause - reduction in earnings.

Commission Decision 16266-C , Versher v. Hampton General Hospital, Issued March 1, 1982, Va. Code Anno. § 60.2-618(1), good cause - demotion.

Commission Decision 16998-C , Johnson v. Hall & Taylor Body Shop, Issued November 6, 1981, Va. Code Anno. § 60.2-618(1), good cause - leaving when partnership dissolves.

Commission Decision 24302-C , Young v. Mick or Mack, Issued December 13, 1984, Va. Code Anno. § 60.2-618(1), good cause - suitability of new work, demotion.

Commission Decision 2656 1-C , Bartley v. Atlantic Research Corp., Issued February 28, 1986, Va. Code Anno. § 60.2-618(1), good cause - change in position.

Commission Decision 27729-C , Rasnake v. Pepsi Cola Bottling of Norton, Issued July 31, 1987, Va. Code Anno. § 60.2-618(1), good cause - profane language directed at claimant.

Commission Decision 33298-C , Pugh v. Christian Children's Fund, Issued June 29, 1990, Va. Code Anno. § 60.2-618(1), good cause - requirements of suitability.

Commission Decision 34957-C , Edwards v. Landmark Builders of the Triad, Issued January 18, 1991, Va. Code Anno. § 60.2-618(1), good cause - suitability of new work, distance from home.

Commission Decision 36673-C , Winisky v. Fauquier County School Board, Issued December 2, 1991, Va. Code Anno. § 60.2-618(1), good cause - resign rather than be terminated.

Commission Decision 37072-C , Boardwine v. Tennessee Investment Casting Company, Issued December 20, 1991, Va. Code Anno. § 60.2-618(1), good cause - medical condition.

Commission Decision 37487-C , Beckner v. Harris Teeter Super Markets, Issued April 2, 1992, Va. Code Anno. § 60.2-618(1), good cause - demotion.

Commission Decision 38232-C , Wright v. Prince Edward County Department of Social Services, Issued June 15, 1992, Va. Code Anno. § 60.2-618(1), good cause - move because of bankruptcy, distance from home to work.

Commission Decision 40365-C , Hampe v. Krisp-Pak Company, Inc., Issued March 3, 1994, Va. Code Anno. § 60.2-618(1), intervening event - effect on subsequent work performance for same employer on voluntary quit.

Commission Decision 40827-C , Meador v. Bunker Hill Packing Corp., Issued April 1, 1993, Va. Code Anno. § 60.2-618(1), good cause - refusal to sign warning notice.

Commission Decision 40968-C , Fields v. Bristol Home Health Services, Issued May 12, 1993, Va. Code Anno. § 60.2-618(1), good cause - failure to pay employee on time.

Commission Decision 41241-C , Jennings v. Craddock-Terry, inc., issued March 24, 1993, Va. Code Anno. § 60.2-618(1), good cause - refusal to sign warning; misconduct - insubordination.

Commission Decision 43248-C , Zumbaugh v. GTE Government Systems, Inc., Issued October 1, 1993, Va. Code Anno. § 60.2-618(1), good cause - accepting voluntary severance package.

Commission Decision 45456-C , Fraley v. The Dress Barn, Inc., Issued June 4, 1994, Va. Code Anno. § 60.2-618(1), good cause - sudden eviction requiring move out of state.

Commission Decision 46659-C , Alsip v. Department of the Army, Issued October27, 1994, Va. Code Anno. § 60.2-618(1), good cause - transfer to different job site.

Commission Decision 46964-C , Barrington v. Virginia Power, Issued January 17, 1995, Va. Code Anno. § 60.2-618(1), good cause - voluntary separation package.

Commission Decision 50372-C , Fedelez v. Bell Atlantic Virginia, Inc.,. Issued March 9, 1996, Va. Code Anno. § 60.2-618(1), good cause - acceptance of severance package.

 

SECTION IV

Commission Decision 5585-C , Newkirk v. Virginia National Bank, Issued February 18, 1972, Va. Code Anno. § 60.2-618(2), misconduct - tardiness.

Commission Decision 7340-C , Porter v. Wilson Trucking Company, Issued January 5, 1976, Va. Code Anno. § 60.2-618(2), misconduct - grooming standards.

Commission Decision 7446-C , McMee v. Harvey's Chevrolet Corp., Issued February 2, 1976, Va. Code Anno. § 60.2-618(2), misconduct - theft.

Commission Decision 11446-C , Wertz v. Russell Transfer, Inc., Issued January 10, 1979, Va. Code Anno. § 60.2-618(2), misconduct - negligence charge.

Commission Decision 14088-C , Lee v. City of Roanoke, Issued January 13, 1981, Va. Code Anno. § 60.2-618(2), misconduct - suspension for criminal indictment.

Commission Decision 25853-C , Stevens v. Copy Systems, Issued December 12, 1985, Va. Code Anno. § 60.2-618(2), misconduct - customer complaints.

Commission Decision 26734-C , Dawson v. Old Dominion Job Corps, Issued March 28, 1986, Va. Code Anno. § 60.2-618(2), misconduct - failure to maintain professional license.

Commission Decision 28159-C , Cornett v. Harry C. Sutherland, CPA, Issued April 23, 1987, Va. Code Anno. § 60.2-618(2), misconduct - drug charge.

Commission Decision 28209-C , Garrett v. Chester Drugs, Inc., Issued March 1, 1993, Va. Code Anno. § 60.2-618(2), misconduct - rude behavior to customers.

Commission Decision 29748-C , Shelton v. Department of Labor, Issued April 12, 1988, Va. Code Anno. § 60.2-618(2), misconduct - falsifying employment application.

Commission Decision 30052-C , Johnston v. Kennedy^'s Piggly Wiggly Stores, Issued June 28, 1988, Va. Code Anno. § 60.2-618(25, discharge - mitigation, emotional stress of marriage break-up.

Commission Decision 30317-C , Hodge v. Sentara Nursing Center, Issued May 2, 1992, Va. Code Anno. § 60.2-618(2), misconduct - sleeping on job, burden of proving misconduct.

Commission Decision 30397-C , Blount v. D.G.S.C., Issued June 30, 1988 Va. Code Anno. § 60.2-618(2), misconduct - falsification of employment application, mitigation.

Commission Decision 30470-C , Summers v. Turn-Key Homes, Inc., Issued July 8, 1988, Va. Code Anno. § 60.2-618(2), misconduct - sexual harassment.

Commission Decision 30524-C , Thomas v. Family Fashions by Avon, Inc., Issued August 26, 1988, Va. Code Anno. § 60.2-618(2), misconduct - failure to disclose criminal activity by other employees.

Commission Decision 30609-C , Hogan v. Commonwealth of Virginia, Issued September 12, 1988, Va. Code Anno. § 60.2-618(2), misconduct - theft by claimant from employer.

Commission Decision 30974-C , Garner v. Accomack County School Board, Issued December 2, 1988, Va. Code Anno. § 60.2-618(2), misconduct - willful or deliberate action, inexperience not misconduct.

Commission Decision 33438-C , Davis v. Stone Container Corp., Issued January 18, 1991, Va. Code Anno. § 60.2-618(2), misconduct - insubordination, failure to follow instructions.

Commission Decision 34000-C , Busier v. Rapoca Energy Company, Issued December 14, 1990, Va. Code Anno. § 60.2-618(2), misconduct - personal long distance telephone calls.

Commission Decision 34061-C , Spencer v. Regis Hair Stylists, Issued February 6, 1991, Va. Code Anno. § 60.2-618(2), misconduct - failure to ensure that employees were properly licensed.

Commission Decision 34343-C , Carr v. Conagra, Inc., Issued November 9, 1990, Va. Code Anno. § 60.2-618(2), misconduct - taking vacation without approval.

Commission Decision 34603-C , Lambert v. Department of the Army, Issued November29, 1990, Va. Code Anno. § 60.2-618(2), misconduct - loyalty, failure to disclose information on application for employment.

Commission Decision 35174-C , Thomas v. Steven J. Chavis, Issued February 11, 1991, Va. Code Anno. § 60.2-618(2), misconduct - gross negligence in vehicle operation.

Commission Decision 35210-C , Breagy v. Automation Research Systems Ltd., Issued March 1, 1991, Va. Code Anno: § 60.2-618(2), misconduct - sexual harassment.

Commission Decision 35294-C , Baker v. Norfolk Shipbuilding & Drydock, Issued ??, Va. Code Anno. § 60.2-618(2), misconduct - insubordination, failure to acknowledge supervisor's request.

Commission Decision 35309-C , Morrison v. J.T.M. Pizza, Inc., Issued March 2, 1992, Va. Code Anno. § 60.2-618(2), misconduct - embezzlement.

Commission Decision 35866-C , Bishop v. Crown Central Petroleum Corp., Issued June 24, 1991, Va. Code Anno. § 60.2-618(2), misconduct - mitigation, selected enforcement of rules by employer.

Commission Decision 35909-C , Culpepper v. Quality Cleaners, Issued July 1, 1991, Va. Code Anno. § 60.2-618(2), misconduct - refusal to sign reprimand.

Commission Decision 35999-C , Simmons v. Numanco, Issued July 11, 1991 Va. Code Anno. § 60.2-618(2), misconduct - sexual harassment.

Commission Decision 36195-C , Mallory v. J. A. Jones Construction Company, Issued August 19, 1991, Va. Code Anno. § 60.2-618(2), misconduct - gross negligence, violation of safety rules.

Commission Decision 36310-C , Holloway v. Pearle Vision Center and The Price Club, Issued August29, 1991, Va. Code Anno. § 60.2-618(2), misconduct - failureto renew license.

Commission Decision 36653-C , Parker v. Roadway Express, Issued July 22, 1992, Va. Code Anno. § 60.2-618(2), misconduct - insubordination to supervisor.

Commission Decision 36655-C , Simonson v. Sligh Plumbing & Heating Company, Issued November 27, 1991, Va. Code Anno. § 60.2-618(2), misconduct - walking off job.

Commission Decision 36794-C , Jordan v. Newport News Shipbuilding, Inc., Issued December17, 1991, Va. Code Anno. § 60.2-618(2), misconduct - intimidating supervisor.

Commission Decision 37114-C , Neil v. Newport News Shipbuilding, Inc., Issued December24, 1991, Va. Code Anno. § 60.2-618(2), misconduct - falling asleep on job.

Commission Decision 37615-C , Robinson v. Smithfield Packing Co., Inc., Issued March 6, 1992, Va. Code Anno. § 60.2-618(2), misconduct - falling asleep on job.

Commission Decision 37762-C , Critton v. Sola Optical U.S.A., Issued April 25, 1992, Va. Code Anno. § 60.2-618(2), misconduct - failure to procure permission before leaving work.

Commission Decision 37934-C , Jefferson v. Heritage Garden Center, Inc., Issued April 17, 1992, Va. Code Anno. § 60.2-618(2), misconduct - insubordination.

Commission Decision 39082-C , Perry v. Newport News Shipbuilding, Inc., Issued September 12, 1992, Va. Code Anno. § 60.2-618(2), misconduct - sleeping on the job, mitigating circumstances.

Commission Decision 39702-C , Butts v. Jones, Blechman, Woltz & Kelly, P.C., Issued October 15, 1992, Va. Code Anno. § 60.2-618(2), misconduct - duty of honesty and loyalty.

Commission Decision 39703-C , Kao v. Gordon Boulevard Services, Inc., Issued November 3, 1992, Va. Code Anno. § 60.2-618(2), misconduct - unexcused absences.

Commission Decision 39862-C , Lauzonis v. Holiday Inn-South, Issued December 7, 1992, Va. Code Anno. § 60.2-618(2), misconduct - leaving work without permission, mitigating circumstances.

Commission Decision 40195-C , Slacum v. R. H. Walker & Associates, Issued January 11, 1993, Va. Code Anno. § 60.2-618(2), misconduct - falsifying employment application.

Commission Decision 41247-C , Osborne v. Transit Management of Alexandria, Inc., Issued June 4, 1993, Va. Code Anno. § 60.2-618(2), misconduct - failure to obtain commercial driver's license.

Commission Decision 41966-C , Cobble v. United Consumers, Inc., Issued June 28, 1993, Va. Code Anno. § 60.2-618(2.), misconduct - honesty.

Commission Decision 42083-C , Girma v. News Emporium, Inc., Issued June 7, 1993, Va. Code Anno. § 60.2-618(2), misconduct - theft.

Commission Decision 42091-C , Hurley v. Wallace, Issued July 10, 1993, Va. Code Anno. § 60.2-618(2), misconduct - tardiness, interference with employer's business, isolated incident.

Commission Decision 42493-C , Layne v. Leslie G. Rowland, Issued July 16, 1993, Va. Code Anno. § 60.2-618(2), misconduct - duty of honesty.

Commission Decision 42703-C , Lee v. Gam Industries, Inc., Issued July 30, 1993,Va. Code Anno. § 60.2-618(2), misconduct - walking off job.

Commission Decision 42977-C , Bland v. Bristol Newspapers, Inc., Issued August28, 1993, Va. Code Anno. § 60.2-618(2), misconduct - sexual harassment.

Commission Decision 43306-C , Stover v. Pulaski Furniture Corporation, Issued October 2, 1993, Va. Code Anno. § 60.2-618(2), misconduct - excessive tardiness.

Commission Decision 43933-C , Yousef. v. Avis Rent-A-Car System, Inc., Issued January 7, 1994, Va. Code Anno. § 60.2-618(2), misconduct - sleeping on job.

Commission Decision 44291-C , Liberty v. Hampton Roads Vending & Food Service, Inc., Issued February 12, 1994, Va. Code Anno. § 60.2-618(2), misconduct - rudeness to customers.

Commission Decision 44375-C , Turner v. Christiansburg Garment Co., Inc., Issued March 29, 1994, Va. Code Anno. § 60.2-618(2), misconduct - insubordination, speaking disrespectfully to supervisor.

Commission Decision 45948-C , Robins v. Security Transcontinental, Inc., Issued August 26, 1994, Va. Code Anno. § 60.2-618(2), misconduct - failure to renew professional license.

Commission Decision 45991-C , Sydenstricker v. Boddie-Noell Enterprises, Issued July 28, 1994, Va. Code Anno. § 60.2-618(2), misconduct - walking off job, violation of rule, mitigation.

Commission Decision 47019-C , Agnew v. Memorial Hospital of Martinsville, Issued February 28, 1995, Va. Code Anno. § 60.2-618(2), misconduct - tardiness.

Commission Decision 49303-C , Broad v. Town of Grottoes, Issued September 23, 1995, Va. Code Anno. § 60.2-618(2), misconduct - gross negligence.

Commission Decision 49590-C , Vanwinkle v. Ammars, Incorporated, Issued July25, 1996, Va. Code Anno. § 60.2-618(2), misconduct - insubordination.

Commission Decision 50577-C , Billings v. Regional Enterprises, Issued June 25, 1996, Va. Code Anno. § 60.2-618(2), misconduct - gross negligence, falling asleep at the wheel.

Commission Decision 52458-C , Larrabee v. The Sealaw Group, Issued June 16, 1996, Va. Code Anno. § 60.2-618(2), misconduct - insubordination.

Commission Decision UCFE-246 , Pryor v. Department of Defense, Issued April 25, 1975, Va. Code Anno. § 60.2-618(2), misconduct - reasonableness of rules, failure to submit to psychiatric evaluation.

 

SECTION V

Commission Decision 34269-C , Coleman v. Clinchfield Coal Company, Issued February 6, 1991, Va. Code Anno. § 60.2-618(3), suitable work - good cause to refuse.

Commission Decision 40398-C , Ibacache v. MRJ, Inc., Issued December 30, 1992, Va. Code Anno. § 60.2-618(3), suitable work - good cause to refuse.

Commission Decision 43652-C , Hearn v. U S. Army, Issued November 30, 1993, Va. Code Anno. § 60.2-618(3), suitable work - moral issues, substantial reduction in income.

Commission Decision 47442-C , Jones v. Northside Electric Company, Issued March 27, 1995, Va. Code Anno. § 60.2-618(3), suitable work - decrease in earnings.

Commission Decision 30679-C , Russell v. Richard T. Traylor, Issued August 24, 1988, Va. Code Anno. § 60.2-618(4), timeliness of appeal.

Commission Decision 39904-C , Warren v. Orion Associates, Inc., Issued November 19, 1992, Va. Code Anno. § 60.2-618(5), termination because of jail.

Commission Decision 45555-C , Fuller v. Banner Masonry, Issued June 3, 1994, Va. Code Anno. § 60.2-618(5), conviction and jail - causal link between unlawful act and separation.

 

SECTION VI

Commission Decision 53842-C , Wilson v. Four J's, Inc., Issued December 12, 1997, Va. Code Anno. § 60.2-619(C), promptness of deputy's determination - failure to join/notify last 30-day employer of claim for benefits.

Commission Decision 40782-C , Luther v. Dynamic Engineering, Inc., et al, Issued March 2, 1993, Va. Code Anno. § 60.2-620(A), whether claimant was afforded a fair, impartial hearing.

Commission Order 42777-C , Royster v. Halifax-South Boston Community Hospital, Issued, Va. Code Anno. § 60.2-620(A), interest of appeals examiner - disclosure required for remittal to be voluntary.

Commission Decision 33733-C , Gonzalez v. Thornhill, Issued June 22, 1990, Va. Code Anno. § 60.2-620(B), timeliness of appeal - postmark.

Commission Decision 42124-C , Lasalle v. Great Falls Shell, Issued June 29, 1993, Va. Code Anno. § 60.2-620(B), timeliness of appeal, unsworn statement insufficient to overcome presumption of delivery.

Commission Decision 25026-C , McClure v. Dabney Lancaster Community College, Issued September 30, 1985, Va. Code Anno. § 60.2-634, overpayment - statute of limitations.

 

SECTION VII

Commission Decision 51212-C , Alderson v. Tultex Corporation, Issued May 17, 1996, 16 VAC 5-60-20(F), suitability of offered work - weather conditions.

Commission Decision 39240-C , Edwards v. Newport News Shipbuilding, Inc., Issued August 31, 1992, 16 VAC 5-80-20(I), reopening - unsworn statement.

Commission Decision 42406-C , Singleton v. Wilds, Issued July 8, 1993, 16 VAC 5-80-20(I), good cause to reopen hearing - unsworn statement.

Commission Decision 33733-C , Gonzalez v. Thornhill, Issued June 22, 1990, 16 VAC 5-80-30(A)(1), timeliness of appeal - extension of time, postmark.