ALLEN-PENTKOWSKI v. Department of Labor

¶ 1. Plaintiff appeals the Vermont Employment Security Board’s (Board) determination that she was discharged from work for actions constituting misconduct, a decision which temporarily disqualified plaintiff from collecting unemployment compensation benefits. On appeal, plaintiff argues that her inability to work the hours requested by her employer was not misconduct within the meaning of the statute and should not disqualify her from unemployment compensation benefits. We hold the employer failed to carry its burden of proof and reverse.

¶ 2. Prior to her discharge, plaintiff had worked for…