Shriver Nursing Services, Inc. v. Commissioner of the Division of Unemployment Assistance

I agree with the majority’s conclusions that Milinazzo believed that Shriver’s client condoned her sleeping on the job, and that falling asleep is not inherently inadvertent (so that doing so never can constitute a knowing violation of an employer’s policy). However, because the review examiner applied an incorrect legal standard in evaluating Milinazzo’s eligibility for benefits, he did not reach the question whether her violation was wilful misconduct within the framework set *376out in Wedgewood v. Director of the Div. of Employment Security, 25 Mass. App. Ct. 30, 33 (1987). As observed in…