Virginia Employment Commission & Hercules, Inc. v. Sutphin

Opinion

DUFF, J.

The Virginia Employment Commission and Hercules, Inc. appeal the circuit court decision which reversed the commission’s denial of unemployment compensation to Sutphin. The denial of benefits by the commission was based upon a finding of “misconduct in connection with his work” under the disqualification provisions of Code § 60.2-618.2. We affirm the trial court’s order based on our finding that Sutphin’s behavior was not misconduct connected with his work as defined by the Act and as construed by prior decisions of the Supreme Court and this Court.

Timothy Sutphin commenced…