Harrington v. Department of Employment & Training

Claimant, David Harrington, was assessed an administrative penalty by the Employment Security Board, pursuant to 21 V.S.A. § 1347(e), for intentionally misrepresenting the amount of income he earned while receiving *447unemployment benefits.1 The issue in his appeal to this Court is whether the Board’s decision to impose a penalty equal to twelve weeks of unemployment benefits can be sustained. Claimant argues that (1) the Board applied the wrong standard of proof to determine that he intentionally misrepresented his income; and (2) even if the Board applied the correct standard of proof, its…