DocketNumber: No. 561948
Citation Numbers: 2002 Conn. Super. Ct. 15589
Judges: HURLEY, JUDGE TRIAL REFEREE.
Filed Date: 12/3/2002
Status: Non-Precedential
Modified Date: 7/5/2016
On August 21, 2001, the Administrator granted the plaintiffs application finding that there was no misconduct, that the employer did not tell the plaintiff that he could not have the time off, and that there were no prior problems with the employee. The employer appealed to the Employment Security Appeals Division alleging that the plaintiff engaged in wilful misconduct and a hearing was held on September 25, 2001. The referee issued a decision that same day denying the employer's appeal and affirming the granting of the unemployment benefits to the plaintiff.
The employer appealed this decision on October 15, 2001 and the Board of Review reviewed the record and allowed the parties to submit additional written statements. In a decision dated November 29, 2001, the Board of Review reversed the referee and held that the plaintiff ineligible for unemployment benefits. The Board of Review found that the Referee had misunderstood the employer's testimony and that the plaintiff had committed wilful misconduct, thus making him ineligible for unemployment benefits. On December 28, 2001, the plaintiff filed a motion CT Page 15590 to reopen which the Board of Review subsequently denied on March 23, 2002. The plaintiff then appealed to this court.
Connecticut General Statutes §
The court cannot find any evidence on the record that the Board's conclusions were unreasonable or illogical, and, therefore, the plaintiffs appeal is dismissed. The court notes with some trepidation that the plaintiffs testimony on what he believed to be the real reason for his firing, that there was not enough work at his job, was not refuted. However, all referees and appeals boards did find that the plaintiff did not adhere to the written vacation policy. The finding by the initial referee that the policy was not uniformly enforced was found to be erroneous by the Board of Appeals. The Board of Appeals made a different finding on this issue and it is empowered to do so. The Board found that the initial referee misinterpreted the testimony of the employer. The actual testimony is quoted in the Board's decision and this interpretation appears to be correct. At a minimum, it is a reasonable and logical interpretation of the employer's testimony. Therefore, because there is no evidence that the Board's decision was illogical or unreasonable, the plaintiffs appeal is dismissed.
___________________ D. Michael Hurley, JTR
CT Page 15591