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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 Decision
43043-C, Olabosipo v. Electronics Boutique, Issued October 4,
1993, Va. Code Anno. § 60.2-620(A), rudeness of appeals examiner,
effect on fair 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.
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