Blake v. Employment Division

Claimant, a person with a borderline IQ and living at the time in a residential treatment program for mentally retarded adults, was discharged by his employer for failure to call in on the second and third days of an illness. He did call in on the first day. The referee, whose findings and conclusions the Employment Appeals Board adopted, found that claimant’s failure was misconduct disqualifying him from unemployment benefits. The referee found that the employer had a policy requiring employes to call in every day of a sickness, but he made no findings on whether claimant was aware of that…