Dailey v. Board of Review, West Virginia Bureau of Employment Programs

(Filed Nov. 14, 2003)

Under the decision reached by the majority opinion in this case, every employer in the State of West Virginia must provide unemployment compensation benefits to employees who are terminated for obtaining employment through fraudulent misrepresentation and engaging in on-the-job criminal conduct prior to being terminated. I find the majori*429ty opinion to be offensive to every employer and citizen of West Virginia. Therefore, for the reasons provided below, I dissent.1

I

Mr. Dailey Obtained Employment Through Fraudulent Misrepresentation

The majority opinion recognized that…