Claimant who continued to report to work after refusing to sign document did not commit disqualifying misconduct; benefits awarded
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Thursday, September 19, 2019

Claimant who continued to report to work after refusing to sign document did not commit disqualifying misconduct; benefits awarded

By Payroll and Entitlements Editorial Staff

The refusal of the claimant, a restaurant server, to sign a document stating that the employer had conducted a full investigation into the claimant's concerns, while signing the portions dealing with the claimant's willingness to move on from the investigation and to abide by his employer's expectations, was not insubordination that warranted a denial of benefits. The claimant reported a wage and hour concern regarding nonpayment for hours worked to his HR department. After the issue was resolved in his favor, he claimed that an assistant manager engaged in retaliatory behavior against him. After HR investigated, but was unable to substantiate the claimant's allegations about the retaliation, the claimant refused to sign a document indicating that a full investigation had been completed regarding his internal complaint but did agree to move on and abide by his employer's expectations. Because the record revealed no refusal on the part of the claimant to report to work or to perform an assigned task, the lower court's order that the insubordination did not rise to the level of misconduct sufficient to disqualify the claimant from receiving benefits was affirmed (Devon J.A. Burroughs v. DES, N.C. Ct. of App., No. COA18-248, September 3, 2019).

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