Cross v. Department of Employment & Training

(Ret.), Specially Assigned. This is an employee discharge case, with plaintiff Cross seeking unemployment benefits. The Claims Examiner and Appeals Referee denied benefits for misconduct connected with his work, to wit, insubordination. The Board reversed, awarding benefits, finding the grounds for discharge did not amount to misconduct within the meaning of the unemployment compensation law. The employer appeals.

The plaintiff had been employed by the Burlington Drug Company for some 34 years as a stock clerk. His job involved shelving incoming stock in the company warehouse. In 1985 a new…