In Re Gray

John Patrick Gray, separated from his employment, filed a claim for unemployment benefits. His employer, an interested party because benefits paid to the claimant affect the employer’s contribution rate (21 V.S.A. §1326), asserted that the discharge was based on misconduct. Under 21 V.S.A. §1344, discharge for misconduct connected with his work subjects a claimant to a penalty of loss of benefits of not more than twelve weeks nor less than six weeks.

The claims examiner, after hearing, assessed the six week penalty. This was affirmed by the chief appeals referee, but reversed on hearing before…