Claimant discharged for poor attendance committed disqualifying misconduct and denied benefits 
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Wednesday, August 4, 2021

Claimant discharged for poor attendance committed disqualifying misconduct and denied benefits 

By Payroll and Entitlements Editorial Staff

A claimant who was appointed to the Tribal Alcoholic Beverage Control Commission for a five-year term and later elected chairman of the Commission was not entitled to benefits after he was discharged for disqualifying misconduct. Here, the trial court found that claimant was discharged for poor attendance at Commission meetings, failure to obtain required approval for expenditure of additional monies to fund a forensic audit of the Commission, and for allowing the Tribal Chief to intervene in Commission matters in violation of known policy. Findings of fact showed that the claimant was aware of Commission policies and procedures, including the policy prohibiting the Tribal Chief from intervening in Commission functions. The findings of fact supported the conclusion that the claimant committed misconduct connected with his work (Arie J. Bird v. Eastern Band of Cherokee Nation Alcoholic Beverage Control and DES, N.C. Ct. of App. (Unpub. Op.), No. COA20-612, July 20, 2021). 

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