Collins v. B & G PIE CO., INC.

WELLS, Judge.

The sole question we address is whether absence from employment in violation of a work rule due to incarceration for a willful or legally unexcused probation violation amounts to “misconduct” in the context of N.C.G.S. 96-14. We hold that it does.

G.S. 96-14, in part, provides:

An individual shall be disqualified for benefits . . . if it is determined by the Commission that such individual is, at the time such claim is filed, unemployed because he was discharged for misconduct connected with his work.

In G.S. 96-2 the General Assembly set out the public policy underlying the…