Appeal of Kelly

The issue in this case is whether the appeal tribunal of the New Hampshire Department of Employment Security properly reversed the certifying officer’s determination that the claimant was discharged from his employment by General Electric Company (the employer) due to misconduct connected with his work. For the reasons that follow, we hold that the appeal tribunal misstated the burden of proof, and remand for a determination of the reason for the claimant’s discharge based on the proper standard of proof.

The claimant, Rick P. Kelly, filed for unemployment compensation benefits on November 19,…