In re the Claim of Fairley

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 20, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a home health aide working the night shift until she was discharged for sleeping on the job. Claimant testified that the patient had a cot set up in the back room for the aides and, notwithstanding the employer’s policy prohibiting such conduct, claimant admitted that she occasionally napped while the patient was sleeping. In view of…