Foster v. Gatson

Pursuant to W.Va. Code, 21A-7-27 [1970], this case is before the Court upon a writ of certiorari, to review a final order of the Circuit Court of Kanawha County, which affirmed the final decision of the Board of Review of the West Virginia Department of Employment Security. The Board of Review found that the petitioner, Thomas J. Foster, was discharged from his job because he was “merely negligent and careless,” therefore, he was disqualified from receiving unemployment benefits for the six-week period provided in W. Va.Code, 21A-6-3(2) [1988] due to “simple” misconduct.1 Since we have…