James F. Humphreys & Associates, L.C. v. Board of Review

(Filed Dec. 6, 2004)

In a separate opinion concurring with the result in this case, my colleague, the distinguished Chief Justice Elliott E. Maynard, suggests that this Court should supplement the legislative definition of gross misconduct which disqualifies one from receiving unemployment benefits indefinitely. I write separately to express strong opposition to that proposal.

This Court explained in Dailey v. Board of Review, 214 W.Va. 419, 589 S.E.2d 797 (2003), that our Legislature has created two levels of disqualification for receipt of unemployment benefits because of misconduct, unlike…