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Posts Tagged ‘unemployment benefits’

Gregory Lowrey, owner of the Happy Valley Tattoo parlor, challenged the Utah Department of Workforce Services Appeals Board’s decision that the wages of a former employee, Jacklyn Johnson, were subject to unemployment insurance. Lowry argued that the business was part of his church, UBU Ministries, which includes tattooing among its religious tenets.

On appeal to the Utah Court of Appeals, Lowrey contended that Johnson was an employee of UBU and was fired for just cause. The court found that Lowrey failed to prove any of his claims, including the point that UBU qualified as an exempt religious organization:

Lowrey does not identify anything in the record besides his testimony as to UBU’s religious nature that would establish UBU as an exempt organization under the statutory definition.

For the full story, click here.

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Prior to his termination in 2009, Blayne Brisson worked for the city of Hewitt for seven years as a utility maintenance supervisor. He was fired, in part, for looking at pornography on his work computer after an investigator found more than 150 such images on his computer. Brisson was denied unemployment benefits and appealed the decision. However, both the trial court and the Minnesota Court of Appeals upheld the ruling of the administrative law judge, despite the lack of a city policy against the behavior or the commission of a crime. The court stated the following:

Using an employer’s computer to open pornographic e-mail attachments and access pornographic websites is a serious violation of the standards of behavior that the employer has a right to reasonably expect from an employee, even if the employer has not adopted a policy that prohibits the conduct.

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David Atson was having financial trouble, and his employer, a heating company, gave him an advance of the money he would receive for his two-week vacation.  When it came time for Atson to take his vacation, however, he refused because he did not want to go two weeks without pay.  Atson’s employer fired him, and he sought unemployment benefits.  His request for unemployment benefits was denied.  Atson appealed to the New York labor commissioner, who agreed that his employer’s request for him to take a vacation was a valid reason for firing.  Atson then appealed the labor commissioner’s ruling to a New York appeals court.  The appellate court also agreed that it was a valid reason for firing Atson.  For the full story, click here.

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